Legal Protection Of The Right To Be Forgotten In The Era Of Big Data

Since the beginning of the era of big data,with the support of network technology,the collection and processing of data and the speed of its circulation have been growing rapidly.More and more personal information are retained on the Internet,most of which are stored permanently and can be retrieved easily.While bringing convenience to people's life,they also hide huge information security risks.After data information is collected and processed,a digital personality closely related to the data subject is formed.The data that makes up the online personality is more fixed than the constantly changing real world,and it may lead to the postponement of information and adversely affect of personal interests.In this context,the right to be forgotten arises.Based on the background of the data age,this paper studies the legal concept,right attribute and right structure of the right to be forgotten,discusses the conflict between the right to be forgotten and other rights in the development process and its solution.This paper compares the different provisions on the protection of the right to be forgotten in Europe and America,and construct the legal protection of the right to be forgotten with local characteristics.The right to be forgotten belongs to the right to personal information and personality right,it is closely related to the personality interests.The data subject uses the right to be forgotten aims to change and delete personal information that has been out of date or has errors,so as to make the information that may bring trouble to the data subject gradually fade out of people's view and better protect the personal dignity and freedom.This right takes the data subject as the right subject,the data controller as the obligation subject,and the personal information as its object.The principle of proportionality should be introduced to resolve the conflicts between the right to be forgotten and the other rights such as freedom of speech and public interest in the development process.Although there is no specific legal provision on the protection of the right to be forgotten in China,the legal basis and demand for the right to be forgotten havebeen established.Therefore,it is imperative to construct a legal system of the right to be forgotten in the personal information protection law in the future.