A Study On The Right To Be Forgotten In The EU's General Data Protection Regulation

In the modern society,human beings will face a series of social and legal problems caused by data being permanently recorded and cannot be forgotten.In this context,European scholars first proposed the concept of "the right to be forgotten" to protect the data security of the data subject.The EU has specified the right to be forgotten system through article 17 of General Data Protection Regulation.It also specifies six circumstances and five exceptions in which the data subject has the right to request the network information controller to delete relevant personal information.Moreover,this article is relatively detailed and comprehensive.However,it is undeniable that the EU's system of the right to be forgotten still faces a number of challenges.For example,the applicable conditions and scope of the system design are still vague,and the implementation effect cannot fully achieve the legislative purpose.In addition,the right to be forgotten system may conflict with the right to free speech,the public's right to know and the public interest.For this reason,the EU has fully embodied the principle of proportion in the process of the right to be forgotten system legislation,and used the principle to provide enough space for the demarcation of rights boundaries.At the same time,the European court of justice also stressed that cases concerning the right to be forgotten should be analyzed on a case-by-case basis.The conflict between the right to be forgotten and other rights can be resolved as far as possible through a complete analysis of the specific case.According to General Data Protection Regulation,the right to be forgotten applies to all companies operating in the EU.This means that our companies must comply with the right to be forgotten if they want to enter the EU market.Moreover,due to the huge number of Internet users in China,the problem of forgetting caused by the characteristics of permanent memory of digital information is inevitable,so there is a great deal of practical demand for the establishment of the right to be forgotten.Therefore,China should attach importance to the citizen's right to be forgotten and construct the legal system carefully.Therefore,this paper focuses on studying the detailed provisions of the right to be forgotten in the General Data Protection Regulation and analyzing the main contents,the challenges it faces and development.Then,this paper tries to draw legislative inspiration for the construction of the right to be forgotten system under the personal information protection system based on China's national conditions and current legal system framework.