Research On The Relevant Legal Issues Of The Introduction Of The Right To Be Forgotten In China

In the era of big data,with the development of digital information technology,the struggle between memory and forgetting constitutes the core contradiction of data information processing.The whole world has been set up as a memory mode.Network users have stored the information released in the network in the past in the form of data,no matter whether it is beautiful,ugly,open,hidden,scattered or systematic,and exposed it in the public,regardless of whether people want it or not,which seriously affects people's life today.At this time,people have to reconsider the storage of their personal information and start to worry about whether the things they have forgotten will be exposed by the computer network again.Under this kind of worry,the right to be forgotten came into being.The right to be forgotten first developed from Europe.Although there are more in-depth studies on all aspects of this right in the academic circles of our country at present,due to the different legal systems and national conditions between our country and Europe,the right to be forgotten has not been clearly defined in the current law of our country.In terms of legislation,the network security law issued in 2017 stipulates that the information subject can ask the information controller to delete relevant information under certain conditions,which fully shows that the forgotten right has a space for survival and development in China;at the same time,both the general principles of civil law and the code of civil law personality rights have provisions concerning personal information The right to personal information is regarded as an independent civil right,which also makes it possible for China to introduce the right to be forgotten.In judicial practice,with the conclusion of the first case of forgotten right in China,this right has actually entered the public vision and the handling results of similar cases have become the focus of public attention.It can be seen that the forgotten right should not be ignored in the process of formulating the personal information protection law in our country.Then how should our country examine this right,whether it can be introduced into our country according to the needs of the public,whether it should be placed in what position,whether it should carry out differential legislation like other countries,and so on.The connotation of the right to be forgotten in the new era is not limited to the scope of erasing the flawed past of the information subject,but more importantly,to enable the information subject to have the right of self-determination and control over the information in the network,so that people can enjoy the convenience and freedom brought by the Internet on the basis of no worries.Therefore,the author believes that the right to be forgotten is a right with emotional color,a general personal right with the maintenance of human dignity as the core,and also belongs to the category of the right of claim,or a right based on the right of privacy,the right of forgetting and the right of self-determination of personal information.Therefore,this paper believes that the introduction of this right is of great practical significance to our country.It is hoped that China will develop a forgotten right that is in line with its national conditions after studying the forgotten right in all aspects.This article mainly from five parts of our country in the introduction of the right to be forgotten on the relevant legal issues of a systematic study.The whole idea is: what is the right to be forgotten,why should China introduce the right to be forgotten and how to protect it after it is introduced.In the first part,the author first introduces the connotation and development source of the right to be forgotten,so as to have a preliminary understanding of the right to be forgotten.The second part mainly introduces the legislative practice and comparison of the right of being forgotten in foreign countries,and explores the rationality of the existence of the right of being forgotten from the perspective of comparative law,which provides a certain reference for the introduction of this right in China.From the third part,it mainly studies the right of being forgotten from the perspective of our country.The third part mainly explores the necessity and feasibility of the introduction of the right to be forgotten into our country,combining with the current situation of legislation in China and the experience of foreign legislation,combing out that China's current introduction of the right to be forgotten has a good internal and external environment.Therefore,it is necessary to study the right of being forgotten and introduce it into our legislation.The fourth part,combined with the actual situation of our country,defines the elements of the right to be forgotten,the legal attribute and the relationship with other rights.Only by defining these issues accurately,can we better introduce the right to be forgotten.In the last part,according to the legal nature of the right to be forgotten,the author gives the value and function orientation of the right to be forgotten in the development of our country,and provides a solution to the conflict between the right to be forgotten and the right to freedom of speech of citizens,the right to know of the public and other rights.Then it analyzes specifically what kind of legislation mode should be adopted to protect the forgotten right in our country.Combined with the development status of the forgotten right outside the country,most of the protection paths of the forgotten right are tort liability law and personal information protection law.These two paths have their advantages and disadvantages.Combined with the basic situation of our country,it finally explores that our country should follow Russia's example and adopt civil law The dual legislation mode of code,personality right and personal information protection law regulates the forgotten right.