Research On The Leg:slation Protection Of The Right To Be Forgotten In China

The main content is deleted on the Internet.With the continuous development of society,the inclusiveness of individual development has also increased.By establishing the right to be forgotten,the right to forgive mistakes and the free development of the personal image of personal information are realized.The definition of the right to be forgotten can be understood as the right of the right subject to legally delete the personal information that has become obsolete and invalid,causing its social evaluation to be reduced.The subject of the obligation is the controller of the data,thus realizing that the right subject is forgotten by the Internet.Through comparative law research,comprehensive analysis of the practice of the forgotten rights protection in the EU and the United States,and the provisions on the right to delete in China,it is concluded that the current state of legislation in China is insufficient to meet the needs of personal information protection,and the right of deletion is modest and ultimate.The characteristics,but only as one of the ways to exercise the right to be forgotten,so there is a need to establish the right to be forgotten in our country.Through the system analysis method,the theory of the forgotten right is constructed,and the forgotten right should be regarded as the subordinate right of the personal information personality right.The status of the forgotten right in the legal rights system is a kind of“ power ”.Through the empirical research method,it puts forward more specific legislative proposals for the protection of the right to be forgotten in China.China should speed up the formulation of the "Personal Information Protection Law",establish a legal concept of the right to be forgotten,clearly stipulate the legal subject of the right to be forgotten,the content of rights,applicable conditions,exceptions,etc.,and promote the localization of the right to be forgotten in China.process.At the same time,through the compilation of the Civil Code,the legal status of the right to personal information is clarified in the part of the right to personality,and the legislative basis for the law of individual information rights is laid.In the transitional period before the promulgation of the Personal Information Law,the system of forgotten rights can be established through the convergence of legal systems and in the form of low-level norms or soft laws such as administrative norms,thus promoting the actual role of the right to be forgotten.