Research On The Right To Be Forgotten Of Personal Information In China In The Age Of Big Data

With the rapid development of Internet technology,especially the rapid development of Web2.0 digital technology and information storage technology,the network has become an indispensable part of our work,study and life,which has prompted great changes in the lifestyle of civil society.In the process of using the Internet,citizens can hardly avoid releasing a large amount of personal or other people's information on the Internet,and the virtual space of the Internet may permanently preserve the information,so the online digital memory far exceeds the limit of human memory,which will undoubtedly bring potential damage to the future life of citizens.In particular,the permanent preservation of personal negative information will seriously cause citizens to be troubled by past information and hinder their free development of personality and pursuit of their longing for life.Therefore,the eu first proposed the right to be forgotten,hoping to eliminate the adverse impact on the free development of individual personality caused by the disclosure or even permanent preservation of personal information by setting this right.On January 25,2012,the European commission first proposed the right to be forgotten in the recommendation of the European parliament and the European council on the protection rules for the processing and free movement of personal data.On March 12,2014,the European parliament and the European council adopted the protection rules for the processing and free movement of personal data by a majority vote at the plenary meeting of the European parliament.On April 13,2014,the European Union Supreme Court made a decision in favor of the right to be forgotten.At this point,the right to be forgotten has completed the transformation from theory to practice.Throughout China's academic circles,the academic research on the right to personal information forgotten started late.There is a considerable gap between its theoretical research results and those of eu scholars.It is imperative to establish the right to be forgotten system in China,considering the current situation of legislation protection of personal information on the Internet.Starting from the general theory of the right to be forgotten,this paper studies the nature of the meaning of the right to be forgotten,its legal nature,the content of the subject and object,and the distinction between it and related concepts.By further sorting out the generation and development of the right to be forgotten,the background,basis and evolution of the right to be forgotten are clarified.Focusing on the research on the legal system related to the right to personal information oblivion,this paper summarizes the generation and development process,differences and comparison of the relevant systems and the underlying underlying reasons from the advanced experience of foreign countries.By combining theory with practice,this paper tries to analyze and discuss the indigenization construction of the right to be forgotten system of personal information in China in an all-round way,deeply analyze and find out the crux affecting its further development,and try to put forward the method to eliminate the obstacles,so as to improve the legal system of the right to be forgotten.