On The Construction Of Forgotten Right In China

With the rapid development of Internet and big data industry,Personal information is remembered endlessly so that one’s reputation and life is in a state of uneasiness.Information that should have faded over time is still clear in the data age.On the one hand,it brings unpredictable adverse effects to people,on the other hand,it also affects some people’s return to society.At this time,the right to be forgotten came into being.As a new right in the data age,It gives individuals the right to delete certain negative information on the Internet.As an extension of the right to delete it provid a new legal countermeasure to protect information right and reputation right.But at the same time,as a new kind of right,its nature and boundary are still controversial.Whether the right of being forgotten belongs to the right of personal information or the right of privacy.What’s the difference between the right of forgotten and the right of deletion.Will the emergence of the forgotten right have an impact on the freedom of speech and the public’s right to know.These are hot issues since the promulgation of the EU’s《General data protection regulations》.In practice,we found that in the current network environment,’we really need such a right to provide a new way to protect personal information.The emergence of the right to be forgotten has its rationality and inevitability.But with the emergence of the right to be forgotten,it also has a certain impact on the existing freedom of speech and the right of the public to know.The value of the right to be forgotten has been recognized in many countries and regions,But given the different national conditions of each country,.The level of development varies from country to country.The EU is at the forefront of the development of forgotten rights,The right to be forgotten has been formally established through Article 17 of the general data protection regulations.At the same time,in the case of Gonzales v.Google,the right to be forgotten is formally applied to judicial practice.The United States pays more attention to the protection of freedom of speech rather than the right to be forgotten,only in some areas the right to be forgotten is stipulated.And many other countries in the world have corresponding provisions for the right to be forgotten.At present,China’s big data industry is developing rapidly,but the corresponding laws are deficient.Although there is a legislative spirit reflecting the forgotten right in some laws,there is no direct provision for this.At the same time,the emergence of some judicial cases such as "Ren Mou v.Baidu ease" shows that in this social environment,the right to be forgotten is an indispensable part of the personal information right system.The right to be forgotten has a great role in promoting the construction of the whole right system,and the personal information protection law which is being formulated in our country.