Research On Legislation Of Right To Be Forgotten In China

After years of legislative evolution and judicial practice,the EU has established a system of right to be forgotten.The system was a major breakthrough in the study of personal data rights,which authorizes citizens a new type of right to delete specific links or data in the network.Under the background of informative globalization,the study of the legislation of the right to be forgotten shows great epochal significance and theoretical value.From the perspective of history of the right to be forgotten,the principal originates from the French forgetting right,and was later introduced into data protection law by the European Union.The process of legislation of the right was full of controversy,while the basic study of concepts still remains inconclusive.The systematic researches of the right are still primary,leaving the options of legislative mode,the elements of legal relationship,and the operation of rights still unclear.From the perspective of comparative law,the right to be forgotten has been adopted in the European Union,California of the US,Brazil and Russia.However,there are still multiple differences in the legislative model,the subject,the object and the functions of right,which mainly results from the differences of law system,the principal of data protection and the envisioning of the right,all of which should be taken into consideration of legislation.From the perspective of domestic legislation,there exists urgent needs and ready basis for the adoption of the right to be forgotten in China.The adoption should be settled in three levels: macro scale,medium scale and micro scale,firstly determine the legislation model,secondly refine the legal relationship elements,and combine them with procedures,restrictions and remedies of the right at last.