| TRTBF(The right to be forgotten)is a newly arisen right in the setting of the rapid development of big data on the Internet.Although some scholars proposed it as early as the 1990 s,the legislation and judicial issues of TRTBF have gradually become the main role of discussion in recent years.Some countries like The European Union,the United States,Japan,Australia,Russia and others have established the legal status of TRTBF in their own countries definitely or partially.China has not yet established TRTBF system in the form of legislation,but TRTBF in China’s legalization deserves its legitimacy,necessity and feasibility.TRTBF shows the philosophy of information autonomy,and it’s really vital in defending human dignity.More and more countries around the world have acknowledged the preciprice of TRTBF.The legalization of TRTBF is moving with the world trend.TRTBF is within the scope of personality right,which pertains to personal information right.TRTBF exercises right to delete as the means of realization,and the ultimate goal is to maintain human dignity,trying to bring the released personal information back to the field of privacy.TRTBF refers to the right for the information agent to compel the information controller to delete or hide the inappropriate,outdated information about itself that has been published on the network,which retains the information will lead to the reduction of the mainstay’s social evaluation.The realization of TRTBF is inalienable from the support of the right structure.This paper studies the power structure of TRTBF from four aspects: the subject of right,the subject of duty,the content of right and the object of right.TRTBF is not a kind of absolute power.TRTBF is restricted by the right of free speech and the public’s right to know in the process of exercising the right.Therefore,the principle of proportion can be applied in the legislative process of TRTBF.The legalization of TRTBF in China is supposed to draw references from the laws of the European Union and upward the level of TRTBF into a legal right.In terms of legislation,TRTBF can be specified in the personal information protection law in the future.In judicial practice,the supreme people’s court can formulate judicial interpretation related to TRTBF,which would clarify the application scope and operation process of TRTBF.Taking the measures of some applications,such as setting up data supervision institutions and improving the self-discipline of the Internet platform industry,to make TRTBF be carried out. |
