Research On The Construction Of Object System Of The Right To Be Forgotten

With the birth and development of Internet technology and big data,personal information is rapidly spreading on the network.The traditional memory model of relying on time to forget information has become the memory model of the permanent storage of information on the Internet.The traditional forgetting rules have been broken.The information on the network is not all perfect and good,and there is also some information that contains content such as irregular personal life.The existence of this information will cause the relevant subject to be always positioned as someone with certain problems,resulting in the relevant subject It is difficult to comply with the rules of natural forgetting and choose to "re-become a person",which may even cause adverse effects such as instability in personal life.The birth of the right to be forgotten is just to deal with this phenomenon and solve the problems caused by the forgotten rules being broken.In this environment,the construction of the right to be forgotten system is of great significance: it is conducive to protecting personal interests,is conducive to promoting the development of the rule of law in our country,and is also conducive to solving practical judicial problems.This also shows that our country has the necessity of establishing a system of right to be forgotten.However,personal information on the Internet is overwhelming.What kind of information should be forgotten has become a key issue in the study of the system of the right to be forgotten,that is,the construction of the object system of the right to be forgotten.The analysis of this problem is mainly reflected in the following aspects.First,construct the legal basis of the object system of the right to be forgotten.The legal basis for constructing the object system of the forgotten right should mainly include the four theories of civil law modernization theory,human rights protection theory,personal reputation repair theory and interest balance theory,and should be based on these theories to analyze other issues in the system construction of the object system of the forgotten right.Second,the problem of determining the object of the right to be forgotten.This problem includes two aspects.Based on the four theoretical foundations,the established rules should include: information has direct subject identification,information has network openness,information has authenticity,information has processability,and information has lost use value or has disadvantages.On the other hand is the issue of the rule of exclusion for the object of right to be forgotten.Right from the beginning,the right to be forgotten is accompanied by conflicts between personal and public interests.Under the support of the theory of interest balance,it is necessary to restrict the right to be forgotten to meet the following conditions It cannot be forgotten for a while: information involves the public interest,and under the principle of balance of cases,more attention should be paid to the public interest in the information;information involves the necessary freedom of expression;information has the needs for historical,statistical and scientific research purposes;information is in the country Within the necessary restrictions for the organs and their staff to exercise their powers.These are a supplementary rule to the establishment rule of the object of the right to be forgotten,and an exception rule.On this basis,the scope of the object of the right to be forgotten is clarified.Finally,the legislative assumptions for the construction of the object system of the right to be forgotten should include a special "Personal Information Protection Law",and the relevant standards and exclusion rules of the object of the right to be forgotten should be specified in the law.