On The Legal Protection Of The Right To Be Forgotten

In today’s era,when Internet technology and digital technology are booming,the Internet records all the digital footprints of information subjects,and digital memory has the characteristics of durability,which makes the information subject lose its ability to control personal data information.Personal data information contains a lot of important information related to the person,but also reflects the personality of the data subject in the field of the Internet.Facing the increasingly serious personal information risk problem in the era of big data,the data subject needs the opportunity to be forgotten by the network,forgiven by the society,and to maintain the human dignity of the network domain.The new right,the right to be forgotten was born.The right to be forgotten was first established in the Justice’s decision of European Court in Google v.Gonzalez,which immediately attracted widespread attention from all over the world.The right to be forgotten was formally regulated by the EU in the General Data Protection Regulations 2016,following the establishment of this right in the form of judicial jurisprudence.However,different countries and regions,based on different legal traditions and consciousness,also have very different attitudes towards this right.The United States has always been more negative about the introduction of the right to be forgotten in order to preserve the spirit of the Charter and freedom of expression,but the"Eraser Act" enacted in California also reflects a tribute to the right to be forgotten.As a great Internet country in the new era,our country shoulders the mission of protecting the legitimate rights of information subjects,and should keep a lot of attention to the new rights of the Internet age,and establish a scientific right to be forgotten system to comprehensively protect the personal interests of the information subjects in the field of Internet.Only by building the relevant systems of the right to be forgotten and making people truly have the right to be forgotten can people express themselves more freely and exist with more dignity.The text of this paper is divided into four chapters,and the right to be forgotten is discussed in depth.The first chapter is the basic principle of the right to be forgotten,starting from the origin of the right to be forgotten,drawing on the concept of this right through the narrative of the origin of the right to be forgotten in the European Union and the United States,and analyzing the attributes of the right to be forgotten through the comparative analysis of the right to be forgotten with the right to privacy and personal information.The second chapter is an extraterritorial legislative review of the protection of this right,through the introduction of the relevant provisions of the right to be forgotten in the EU Data Protection Directive and the General Data Protection Regulations,the Children’s Online Privacy Protection Act and the Eraser Act in the United States,and No.264 Act in Russia.A comparative analysis is made and the experience of extraterritorial legislation protected by the right to be forgotten is summarized.The third chapter is the status quo and necessity of the protection of china’s right to be forgotten,through the case of "Jiayu Ren v.Baidu Company" which is the first case of China’s forgotten right, and the normative analysis of the existing relevant laws and norms of the right to be forgotten in our country,to reveal the current status quo of the protection of the right to be forgotten in our country.And from the perspective of the protection of the information subjects,the development needs of the big data era and the solution of judicial application dilemma,the text deeply explore the necessity of establishing the right to be forgotten in our country.The fourth chapter is the institutional conception of the protection of this right in our country,based on the existing legal system of our country,puts forward the feasible path of constructing the system of the right to be forgotten,and puts forward the four aspects of subject,object,content and restriction of the right to be forgotten.