Research On The Right To Be Forgotten In The Protection Of Personal Information

According to the report of the 19 th CPC National Congress,strengthening the governance of cyberspace is a new requirement for constructing a country ruled by law.This requires us to pay attention to both the prosperity and development of cyberspace and the normative governance of cyberspace.Especially,information as an important driving force for the development of the Internet promotes the rapid development of the industrial economy,but meanwhile brings troubles to information subjects.As big data analyzes our browsing records and consumption preferences,tracks our behavior trajectory,and fully "exposes" us to the Internet,there is unavoidably deficiency of relevant norms of existing laws in China.Permanent online memory breaks the memory model of the human brain,and reasonable forgetting is desired by most people.In this case,the "right to be forgotten" is worthy of attention.The right to be forgotten is an emerging right,and its legal concept should be clarified from its nature and connotation.Then,starting with my country’s first "right to be forgotten case",it analyzes the reasons for the different judgment from the EU Google case to point out that there is a serious lack of personal information protection in my country.Based on the assessment of the necessity and feasibility of the local construction of the right to be forgotten,and then by comparing the legislative process of the European and American forgotten right,to explore the reasons why the two sides hold different attitudes towards the forgotten right,it is proposed that our country should introduce the right to be forgotten to a limited extent.The "Personal Information Protection Law" establishes a top-level protection system.The construction of the right to be forgotten must first clarify its architecture.In addition,the key to determining the right to be forgotten is to weigh the conflicts between the personal interests of the information subject and the freedom of speech,the public’s right to know,and the public interests of the Internet industry economy.The introduction of the principle of proportionality is undoubtedly the optimal solution.Finally,determine the right operation rules of the right to be forgotten,clarify the method of exercise of the right to be forgotten,the right restrictions,and use technology to guarantee the exercise of the right to be forgotten.