Protection Of The Right To Be Forgotten

Right to be forgotten is the most noticeable right after the revision of the EU's General Data Protection Regulation.As a new type of right,the essence of the right to be forgotten is to give the information subject the right to request the information controller to delete personal information on the Internet.If the information controller refuses to perform or does not perform the deletion obligation,it must bear the corresponding responsibility.Over time,the importance of the right to be forgotten is self-evident,and more and more people want to delete their personal information that they have left online.Big data fundamentally changed the way of searching and extracting information,but it also led to the exposure of personal information far beyond the scale we hoped for.At the same time,the promulgation of the "General Data Protection Regulations" has also made many countries aware of the importance of the protection of personal information,and the revision of personal information protection in various countries has gradually been carried out.In the process of protection of the right to be forgotten in various countries,the content of the right to be forgotten has been continuously improved and enriched.Later,with the increase of research,the legitimacy of the right to be forgotten has gradually become clear.The emergence of the right to be forgotten is not only a need for personal information protection,but also an inevitable requirement for human rights development,data control,and freedom of information.It also provides a legitimate basis for my country's protection.Although there is no relevant system for the right to be forgotten in our country,there are many contents related to the right to be forgotten in our current law.At the same time,BaiDu and other search engine companies deal with information infringement in a way similar to the relevant content of the forgotten right.Therefore,the establishment of the forgotten right is necessary and feasible.However,the establishment of the right to be forgotten also has some difficulties.In the first case of the right to be forgotten in our country,the judicial organ believes that the right to be forgotten is not a legal right in our country,and the plaintiff can not prove the legitimacy and necessity of the right to be forgotten that should be protected in this case,so it does not support the plaintiff's request.Because China does not have the right of oblivion in the sense of EU,when facing the theoretical disputes and related practical problems of the right of oblivion,for example,with the help of other legal rights,the explanation of the fundamental rights and the presumption of rights,the right of oblivion cannot be protected.Our country has become the country with the largest number of Internet users inthe world,but the protection of personal information is far from that in Europe and the United States.A right,the most direct and effective way to get the corresponding recognition and implementation is to have its due legal status.However,my country's laws,standards,and documents basically do not mention the right to be forgotten,which will undoubtedly cause some obstacles to the protection of personal information in the new era.Therefore,in order to improve our rights protection system and protect the interests of citizens' personalities,we must accelerate the legislative process of personal information protection in our country and strengthen the protection of personal information in the process of data opening.From the perspective of the right to be forgotten,we can protect the right to be forgotten through the model of personal information protection law,and must follow the principles of public interest priority,cost-benefit,case balance,etc.in the process of legalizing the right to be forgotten Principles,reduce conflicts of interest,and promote the smooth implementation of the right to be forgotten.On this basis,refine the constituent elements of the right to be forgotten,the principle of blame and the reasons for exemption,etc.,improve the legal responsibility system of the right to be forgotten,strengthen the protection of the right to be forgotten to protect personal information,improve the information control mechanism,It is of great significance to promote the free development of the personality of the information subject.