The Civil Law Protection Of The Right To Be Forgotten

In the modern information society,the development of Internet technology,the enhancement of data analysis capabilities and the speed of data circulation have set great obstacles to the protection of personal data,especially for those personal data that have been published on the Internet It is very difficult to fade out of the public's vision,and its persistence has caused damage to the human dignity of natural persons.In this context,the right to be forgotten came into being.The right to be forgotten means that the data subject shall have the right to obtain from the data controller the erasure of the personal data which are disclosed on the Internet,and the data controller shall have the obligation to delete it when it meets the legal deletion conditions.The exercise of this right satisfies the subjective needs of the data subject to pursue a new life and wants to be forgotten,and caters to the maintenance needs of personal dignity in the era of big data.The subject of the right to be forgotten is the data subject,the subject of the obligation is the data controller and the object is the personal data.The characteristic of this right is that the exercise of the right combines the connotation of the right to oblivion and the right to erasure,and safeguards the personal dignity of the natural person.This right emphasizes the trade-off between interests while emphasizing compliance with procedures.Therefore,in China's legislation,the right to be forgotten should be regarded as an independent specific personality right,which is defined in the protection system of personality rights.By enacting the Civil Code and the Personal Data Protection Law,the path from general law to special law is established.Establishing a complete norm for the protection of the right to be forgotten is conductive to highlighting the importance of fairness and justice in contemporary society and reflecting the concerns of the law over the times.