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Application Of Forgotten Right In Judicial Disclosure In The Age Of Big Data

Posted on:2020-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:H N ZhangFull Text:PDF
GTID:2416330578971409Subject:Law
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The arrival of the era of big data puts forward higher requirements for personal information protection.The right to be forgotten as a emerging right gradually enters the public's field of vision.In 2014,the EU officially affirmed the right to be forgotten through the judgment of Gonzalez v.Google case.The right to be forgotten is different from the traditional personality right.It has its special features in the subject,object and scope of application,and it can better meet the practical needs of data information protection in the era of big data.Subsequently,the right to be forgotten began to be recognized by other countries outside the region,which led to the widespread concern of Chinese scholars on the right to be forgotten.Today,with the open network of the judiciary,the popularity of the Internet,the rise of media and smartphone client side has an impact on the traditional public model.The public can understand the case information anytime and anywhere,and is no longer limited to the original TV and broadcasting equipment.When people participate in the discussion of hot cases,the personal information of the parties involved in the case may face the risk of network spread if they are careless.At present,there is no effective remedy for this risk in various legal norms.The proposal of the right to be forgotten undoubtedly puts forward new ideas for solving this kind of problems.This paper starts from the origin of the right to be forgotten,compares the legislative development of each country,analyzes the connotation of the right to be forgotten,and then combines the dilemma of judicial publicity in the era of big data in China,and puts forward the perfect conception of applying the system of right to be forgotten in judicial publicity.
Keywords/Search Tags:the right to be forgotten, the era of big data, judicial publicity
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