Research On The Right To Be Forgotten

In the past few decades,the development of information technology has triggered changes in the information ecology.Personal information is almost in a state of loss of control-regardless of whether you know,consent or not,as long as you are connected to the Internet,personal information will be collected and stored,which leads to new problems of "eternal data" and "personal transparency".In this context,the right to be forgotten is formally born in the European Union,giving individuals the right to delete specific published information.The establishment of the right to be forgotten is a legal response to new issues in the Internet age,marking the upgrade of the protection of personal information and conducive to the protection of personal information.However,when the tentacle of the right to be forgotten enters the Internet and points to various public network information,it will inevitably have disputes with the rights of freedom of expression,right to know and other rights behind the public information.In the face of such controversy,whether to protect and to what extent the individual 's right to be forgotten is the key to its application.This article first discusses the meaning and nature of the right to be forgotten based on the provisions of Article 17 of the EU General Data Protection Regulation.The right to be forgotten is a new type of right,which is aimed at legal and published information,which is different from the traditional right to delete illegal information.At the same time,although personal information has property interests,it carries more personality interests,so the nature of the right to be forgotten is still a personality right.By clarifying the connotation and nature of the right to be forgotten,it is further proposed that the right to be forgotten is conducive to maintaining the legitimacy of personal dignity,so as to answer the question of whether the right to be forgotten should be protected.How to protect the right to be forgotten is the core problem that this article wants to solve.By analyzing the tension between the application of the Forgotten Right Protection Law and other basic rights,especially freedom of expression and public right to know,this value conflict is not absolute,and the forgotten right and freedom of expression can be treated by the principle of proportionality and other basic rights.But the principle of proportionality is relatively abstract,and specific standards are needed to make the right to be forgotten have a clear boundary in its application.That is,the specific factors to be considered for the balance of interests: the social role of the information subject involved,the private sensitivity of information,and the particularity of the time factor.Of course,these factors do not exist independently,and they need to be comprehensively considered in the application to ensure the balance of the right to be forgotten in the application.Finally,the localization of the right to be forgotten is discussed.The number of Internet users in our country is growing rapidly,and the Internet industry is booming.The introduction of the right to be forgotten is necessary.With this,China's legislation on the protection of personal information has been gradually improved,leaving sufficient legal space for the construction of China's forgotten right system.On this basis,considering the balance between the right to be forgotten and the rights to freedom of expression,as well as the actual situation of personal information protection in China,it is recommended to introduce the right to be forgotten into the legislation in the form of a single line of personal information protection law.The rights,obligations,subjects and objects of the company are specifically defined to achieve the protection of personal information and the bridging between different values.