Research On Legal Issues About The Right To Be Forgotten

With the development of the Internet and the arrival of the era of big data,the balance between past memory and forgetting has been broken.For past information,memory has become a normal state,and forgetting has become an exception.In the era of big data,the right to be forgotten has gradually attracted public attention as an emerging right.The right to be forgotten wa first clearly stated in the 2014 judgment of the European Court of Justice on Google Inc.v.Gonzalez,which gradually developed into the focus of discussion among legal scholars from various countries.In the process of the creation and actual application of any right,all kinds of questions will be raised.The right to be forgotten as a new right is also highly questioned.The basic components and the right to be forgotten have been specifically studied and analyzed in China's existing legislation and judicial practice,specific cases,and how to localize the right to be forgotten.The origin of the right to be forgotten can be traced back to the "right to forget"in France in the last century,but the first time it was formally proposed was in the EU judgment of the "Gonzalez case".Since then,the right to be forgotten has begun to arouse widespread concern in various countries around the world.The first part of this article mainly discusses the concept of the right to be forgotten and the difference and connection with related rights in content,reasonably locates the legal nature of the right to be forgotten,and believes that this right should be Belonging to the legal protection of personality rights,although there is a certain intersection with the right of privacy,it should not be protected by the right of privacy,but should be classified as the protection of personal information.In addition,it analyzes the first case of the right to be forgotten in my country's judicial practice and the relevant laws and regulations in my country.The second part mainly studies the specific scope of the right subject(information subject)and the obligation subject(information controller)of the right to be forgotten.There are three special issues discussed for rights subjects:one is how the information subject should be treated as a public figure and a public official;the second is how minor groups should be protected as special subjects;the third is whether criminals can become.the subject of the right to be forgotten.With regard to the subject of obligations,it is expected that the future personal information protection legislation will be able to reasonably determine the scope of the obligations subject and put forward relevant legal suggestions.The third part is about the object of the right to be forgotten and the specific situation of application.Because EU countries and the United States have obviously opposite views and attitudes on the right to be forgotten,they have adopted completely different approaches in.terms of system design and legal protection.This article mainly analyzes the European General Data Protection Regulation(Referred to as "GDPR")the applicable and non-applicable exceptions and the "Eraser Act" in the United States,to study the differences between the two and the balance between the various theoretical values behind,for our country's right to be forgotten The introduction provides theoretical reference.The fourth part is mainly to study the rights and obligations of the right to be forgotten from the perspective of legal relationship.The right tp be forgotten should be given to the right subject to request permanent protection or other temporary protection,and at the same time clarily the way and way for the right holder to obtain legal help.The obligation subject needs to perform the corresponding obligations according to the request of the right subject,including the review obligation,notification obligation,and the obligation to take corresponding measures.