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

In the era of big data,the antagonism between information subject and information controller becomes more and more obvious.Because the development of technology makes information out of personal control but stored permanently in the network,which has a negative impact on personal information autonomy and personality development,people further propose the right to be forgotten on the basis of the right to delete,hoping to delete those that have been disclosed in the network but have a negative impact on it.Influencing information.This right has been attached importance by many countries,but there are still some problems.How to balance and protect it is one of the main problems.Under the background of the gradual improvement of personal information protection system in China,how to apply the right to be forgotten is the main content of this article.The first chapter of this article analyses the origin and development of the right to be forgotten through historical analysis,and then analyses the first case of the right to be forgotten in our country.The protection of the right to be forgotten is necessary.While making beneficial attempts to new rights,judges should also take into account the responsibility of current network information controllers and the balance between the public's right to know and the right to be forgotten.The second chapter of this article mainly introduces the treatment of the above two issues in EU judicial practice through comparative analysis.The article also analyses the status quo of the legal protection of the right to be forgotten in relevant countries and the reasons for the differences.At the same time,it examines the domestic status quo of our country.When constructing the system of the right to be forgotten in China,we should take into account the domestic situation and mainly grasp the principle of measuring interests in judicial practice.The interest value contained in the right to be forgotten is the main characteristic that distinguishes it from other rights.It is also an important way to explore the protection path of the right to be forgotten in our country.In the third chapter,I analyze the main content and value of the right,and draw the conclusion that the right to be forgotten belongs to the right of personality.Its content can be covered by the right of personal information.It is necessary to protect it through the Personal Information Protection Law.According to the above discussion,in the fourth chapter of the article,I put forward the corresponding views on how to construct the system of the right to be forgotten in the Personal Information Protection Law,and put forward some suggestions on the specific application of the right to be forgotten,including the classification of personal information,and the establishment of a unified personal protection information agency responsible for supervision and implementation,while combining with the self-regulatory norms of Internet enterprises,with a view to promote the harmonious development of network society in the era of big data.