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

The right to be forgotten has always been a hot issue in the international community.As the integration of information technology and human society becomes more and more intensive,it has led to explosive growth of data,and the growth of data has also raised new issues for the protection of personal information.It is mainly manifested as: first,how to define the nature of the right to be forgotten,how to establish the relevant legal relationship of the right to be forgotten,and how to balance the conflict between the right to be forgotten and freedom of speech.This article uses the literature research method and the proportional research method to analyze.This article focuses on the three issues of the nature of the right to be forgotten,the relevant legal relationship,and how to balance the conflict between the right to be forgotten and freedom of speech,from the European Union,the United States,Russia,etc.The legislation and judicial practice of the country has been analyzed to provide ideas for China's legislation on the right to be forgotten.This article is divided into three chapters for writing.The first chapter is the analysis of the origin of the right to be forgotten and the status quo of the dispute.This article summarizes the origin of the right to be forgotten,which is the first judicial confirmation of the right to be forgotten,and the definition of the right to be forgotten at home and abroad.It discusses three issues often discussed in the academic circles involved in the right to be forgotten: the first is how to define the nature of the right to be forgotten,the second is how to establish the relevant legal relationship of the right to be forgotten,and the third is how to balance the right to be forgotten with The issue of conflict between free speech is three issues.The second chapter is the legislation and practice of each country on the three major issues of the right to be forgotten.This chapter combines thelegislation and practice of the European Union,the United States and related countries,and compares and analyzes the advantages and differences of different approaches to the legislation and practice of related issues in foreign countries.Disadvantages,and the impact of relevant backgrounds,so as to better prepare our recommendations for the next chapterThe third chapter is a proposal for the legislation of the right to be forgotten in China.Based on the legislation and judicial practice of the right to be forgotten in our country,this chapter proposes the establishment of a one-way law legislative model based on the right of personal information.The legal relationship of China has been clarified in accordance with China's national conditions.At the same time,for the conflict between the right to be forgotten and the freedom of speech,a model based on the protection of the right to be forgotten has been established,with the principle of protecting the freedom of speech as an exception.