Study On The Right To Be Forgotten In The Age Of Network Information

The right to be forgotten is intended to protect personal information and provides an opportunity for data subjects to start afresh.The research on the right to be forgotten has been the trend of the research on personal information security issues in the Internet and data era.The right to be forgotten has given the information subject a certain right to control the information,and has given the information subject the right to request the data controller to delete the information.The research on the right to be forgotten reasonably reduces the harm to the information subject from the permanent archiving of connected data from the degree of law.The timely,accurate and sufficient information of the information subject is guaranteed,which also protects the interests of the information subject and improves the social benefits of information.While maintaining personal information security and national information security.Since the “Gonzales case”,the research of the right to be forgotten focus on the key difficulties to explore the concept of the right to be forgotten,the nature,the constitution of rights,the subject and the object,the conflicts and the reconciliation.The right to be forgotten as an emerging right is an important way to protect personal information and protect the personal interests of information subjects.Although there is no place for the right to be forgotten in China's personal information legislation,it should be seen that a similar concept of the right to be forgotten has emerged in the process of continuous improvement of China's legislation.The first case in which the right to be forgotten was explicitly pursued in judicial practice,and China is making great strides towards a new journey to realize the sinicization of the right to be forgotten.In addition to the introduction and conclusion,this paper is divided into five parts to carry out:The first part of this article starts from the background of the right to be forgotten,and clarifies the necessity of the right to be forgotten as an emerging right in terms of permanent memory defects in the era of Internet big data,the lack ofautonomy of information subjects,and the risk of information leakage.In addition,from the origin of the right to be forgotten,the judicial confirmation and legislative guarantee three-dimensionally discuss the development of the right to be forgotten.The second part defines the connotation and legal attribute of the right to be forgotten.The definition of the meaning of the right to be forgotten should first make clear the concept of the right to be forgotten,and then make a distinction between the right to be forgotten and the right to delete;as far as the legal attribute of the right to be forgotten is concerned,the right to be forgotten has the attribute of personality right,which should be attributed to the right to personal information.The third part studies the subject and object of the right to be forgotten.The subject of the right to be forgotten is a natural person who can identify,and the subject of obligation refers to the data controller outside the domain.As the object of the right to be forgotten,it includes "identifiable" and "inaccurate,irrelevant and unnecessary" personal information.The fourth part expounds the conflict and reconciliation between the right to be forgotten and other rights.It mainly analyzes the conflict and reconciliation between the right to be forgotten and freedom of speech,the public's right of reputation,and data archiving for academic purposes.The fifth part of this paper discusses the conception of the right to be forgotten in china.Firstly,it clarifies the necessity and feasibility of the right to be forgotten in china.Secondly,it puts forward the legislative conception of the right to be forgotten in china.Finally,the author puts forward the idea of strengthening self-discipline rules and providing and improving the technical requirements of internet enterprises by taking "reverse time order" of search engine and "burning after reading" and "withdrawing" of network platform as an example.