The Research On The Right To Be Forgotten In The Era Of Big Data

Since the human being entered the big data era,the "indelible nature" of the information has made the historical information often become the existence of terror.They may have a great impact on the dignity and freedom of the human person.With the development of the times,people have different expectations for the protection of personality,and the right to be forgotten arises at the historic moment.The case of Ren v.Baidu is the first case of the right to be forgotten in our country,which shows that the people of our country have a practical demand for the right to be forgotten.From the perspective of big data's personal information protection,it is very important for EU to establish the right to be forgotten.More and more countries and regions in the world are gradually recognizing that they have been left behind Forget the value of the right to respond to the big data era of new problems.Although some relevant legal documents have stipulated the deletion of personal information in our country,there is still no special personal information protection law at present,and there is no direct regulation on the right to be forgotten in the relevant legal documents.At present,there is no unified understanding of the concept of the right to be forgotten.Although scholars have defined the right to be forgotten from different angles,such as classification,content and object of right protection,these definitions mostly reflect the core content of "information deletion" of the right to be forgotten.As far as the attribute of the right to be forgotten is concerned,there are different theories,in which the theory of property right,the right of personal information,and the theory of privacy are more influential.Although personal information has certain property in a certain sense,the right to be forgotten should be based on the personality attribute,belonging to the category of personality right.The European Union and the United States have different legal backgrounds.The protection of the right of forgetting is different.The legal relationship of the right to be forgotten consists of the subject of the right and obligation of the right of being forgotten,the object of being forgotten,the content of the right of being forgotten.The subject of the right to be forgotten should be limited to the natural person and the legal person should be excluded,and on this basis,the special subject should be distinguished from the ordinary subject,and then the exercise of the rights of different information subjects should be confirmed according to the specific situation.The obligatory subject of the forgotten right is the information controller.Besides the web source,the search engine should also be the obligatory subject of the forgotten right.In judging the object of the right to be forgotten,it should be clear that not all personal information can be regarded as the object of the right to be forgotten,and that only after satisfying the conditions of public,irrelevant,inappropriate,outdated and so on can it become the object of the right to be forgotten.The rights enjoyed by the information subject and the obligation that the information controller should bear are the contents of the right to be forgotten.The former refers to the right of the information subject to request the information controller to perform the information deletion obligation,and the latter is the right of the information controller according to the right holder's application.Timely implementation of review,deletion,notification and other obligations.In big data era,a large number of countries have emerged with "information deletion"-related litigation,China is no exception.The current legislation of our country is not enough to deal with the issue of the right to be forgotten in the era of big data.Perfecting the system of the right to be forgotten helps to protect the right of personal information and judicial practice,at the same time,it is in line with the trend of the world legislation.The ways to establish the right to be forgotten in China can be divided into two types: one is to establish the right to be forgotten through the amendment of the existing laws,and the other is to establish the right to be forgotten by way of single-line legislation.Be forgotten.In the aspect of perfecting the specific content,we should draw lessons from the relevant legislation of the European Union on the right to be forgotten,define the law of the right to be forgotten under the environment of big data,and on the premise of confirming the personality right attribute of the right to be forgotten,The system of the right to be forgotten should be established on the basis of the right to protection of personal information.In the future legislation,the right to be forgotten is regulated by making a special personal Information Protection Act,and the subject,object,content,exercise and limitation of the right are clearly defined.Finally,we should guarantee the realization of the obligee's right to be forgotten through the tort liability system.