On The Right To Be Forgotten

Forgotten right is a new civil right,which has its independence,is different from the right of privacy and personal information,and has special social value.Changing or eliminating the actual influence of negative information on individuals can give people a second chance to start over,thus achieving the purpose of protecting personality rights.Therefore,it should be included in the civil rights system so as to better and fully protect this right.In today's big data era,a new topic-the forgotten right system arises at the historic moment in the wave of the Internet.The European Court of Justice supported the forgotten right appeal embodied in the "Google Spain Case" in 2014.Under the guidance of the "EU Personal Data Protection Directive",the forgotten right was formally confirmed in judicial practice in the form of a judgment.Other countries,such as the United States and Russia,also have relevant provisions on the forgotten right.China's "cyber security law" promulgated in November 2016 also embodies the legislative spirit of the right to be forgotten.there are nearly 200 laws and regulations with provisions similar to the right to be forgotten,which are also involved in the corresponding judicial practice.in 2015,the first "right to be forgotten" case-"ren jiayu v Baidu case" appeared in China.In addition,personal information protection provisions are also involved and reflected in China's existing legal system.For example,the "Tort Liability Law" that has been implemented,the "Decision on Strengthening Network Information Protection" and the newly promulgated "General Provisions of Civil Law" in 2017 can all become the legal basis for the right to be forgotten.Thus,on the basis of theory,society,legislation and practice,our country has basically established the foundation of the status of the forgotten right.We should constantly learn from and summarize the valuable experience of other countries in legislation and judicial practice,clearly confirm the definition,legal nature and application of the forgotten right,and continuously improve the legislative model and judicial practice.According to the social demand for the right to be forgotten,it is necessary and feasible to construct the right to be forgotten in our country.The right to be forgotten is mainly embodied in the civil law in the construction of China's localization.Article 111 in Chapter V of the General Provisions of Civil Law stipulates that the personal information of natural persons shall be protected by law.In the draft of the personality right of the Civil Code currently being revised,the right to be forgotten shall be added to this article and the article shall be properly improved.In the aspect of personal data protection,the "Personal Data Protection Law" is mainly formulated in combination with the current social development,so as to properly embody and protect the forgotten right as the right of personal information in the "Personal Data Protection Law",which can better protect the personal information of citizens and safeguard the legitimate rights and interests of citizens,safeguard the national security interests and better promote the development of personal information protection work.In the way of network relief,taking the opportunity of network deletion,strengthening the self-discipline of Internet enterprises and so on to initially construct the right to be forgotten.Therefore,there is a certain legal basis for the right to be forgotten in our country,and its development also meets many needs of today's society.For this reason,many researchers in today's academic circles have conducted in-depth research on this right.In the process of research,there are also many controversial points in academic circles and legal practice on some issues of the right to be forgotten.The focus of the controversy is mostly on the right attribute of the right to be forgotten,the definition of its rights subject and obligation subject and object.The division of rights and the conflicts with other rights,etc.Through comparative study of the EU and the United States on the above issues,combing domestic and foreign legislation and judicial practice,combining with the current legislative situation in China,this paper explores the necessity and feasibility of the localization of forgotten rights in China.The author attempts to construct the localization of forgotten rights in China through the path of civil law and the path of personal data protection law,in order to provide his own views and reference for the confirmation and perfection of forgotten rights in the legal system.