Research On Right To Be Forgotten

The right to be forgotten as an emerging type of rights was first established in the form of jurisprudence in the judgment of the Gonzalez v.Google case before the European Court of Justice.The specific concept of the right to be forgotten is not yet unified,but The right characteristics of the right to be forgotten are recognized by everyone,mainly because the forgotten right points to the information that has been published on the Internet,which is inappropriate,outdated,and will continue to retain the social evaluation of the information subject.At present,from the existing situation,the total number of Internet users in China has exceeded the total population of Europe,and it is a big Internet country in the world.At the same time,in reality,in China,there are cases in which individuals request to delete information in their networks.However,China's current legislation has not yet established the right to be forgotten,and there is no specific law to protect it.At present,China's protection against personal information in the Internet is mainly protected according to Article 36 of the Tort Liability Law,which makes the right to be forgotten in China more urgent.The difficulty of this study is to establish the theoretical and practical basis of the right to be forgotten in China.The purpose of this study is to learn from the right to be forgotten,establish the right to be forgotten as the legal right of Chinese citizens,and "sinicize" the right to be forgotten in the context of China's special national conditions.The legal research methods of this paper include comparative analysis method and case analysis method of document research method.This paper first introduces the development process of the right to be forgotten in the early days,the Internet era and the big data era.By using the document research method,this paper analyzes relevant documents related to the right to be forgotten through searching,so as to comprehensively present development features of the right to be forgotten.Then,by comparing the development of the right of oblivion in the United States,the European Union and Russia,we get the enlightenment on the localization of the right of oblivion,which provides a reference for the construction of the right of oblivion in Chinese law.Thirdly,it analyzes the predicament of the right to be forgotten and the necessity of legislation.Finally,it gives a concrete plan for the localization of the right to be forgotten,and constructs the concept of the right to beforgotten under the Chinese personality right system,so that the right to be forgotten constitutes the lower concept of the right to personal information.