Research On The Construction Of The System Of The Right To Be Forgotten In China

In the era of big data,the progress of science and technology makes the information dissemination in the field of Internet efficient and convenient.But the following problem is that it is very difficult for the data information that has been published to stop spreading and withdraw from the public view.When the information subject thinks that it is necessary to delete his personal information,it is the proper meaning of social development and human rights protection to be able to exercise the right of being forgotten to protect his own rights and interests.China's introduction of the right to be forgotten is an inevitable choice to comply with the legislative trend.The right to be forgotten,which originated in Europe,is defined in the general data protection regulations.The right of being forgotten is similar to the right of privacy and the right of reputation.It should be a specific personality right,as a branch of personal information right.The right to be forgotten should be: when personal data has become obsolete,invalid or inappropriate,the subject of information has the right to ask the information controller to delete the relevant data.The subject of right is natural person,and the subject of obligation is information controller.China's construction of the system of forgotten right conforms to the trend of international legislation,which can strengthen the protection of personal information and solve the related problems in practice.By researching the general information protection regulations of the European Union and the "eraser act" of the United States,this paper makes a comparative analysis of the two,and draws inspiration and reference for China,so as to help realize the localization of the forgotten right system.In the process of constructing the system of forgotten right in our country,we should first stipulate that the right is a basic civil right of citizens,clarify its protection rules and limit the abuse.The scope of protection is three kinds of information which are outdated,invalid and inappropriate on the network,and the use of which should be restricted for five exemption situations and people with specific identity.Adopting the principle of fault liability,the elements of liability should be in line with the provisions of tort liability law.