| In the era of big data,the use of Internet technology subverts the original forgetting function of the society.The data controller manipulates the personal information of the subject as he wishes,and the identity of the person is gradually alienated.On the one hand,all kinds of behaviors of social individuals are recorded in real time in cyberspace and permanent traces are left;on the other hand,network identification and association analysis technology piecemeal individual traces,completely present the original footprints of individuals and predict various kinds of secret information such as their personal behavior habits on this basis.The information sharing mode derived from Internet technology imprisons social individuals in "permanent memory" to a certain extent,making them more transparent under the "cold cicada effect" brought by digital technology."The right to be forgotten" is applied in the process of confrontation between the two.It aims to paste protective paper on "transparent" human beings and repackage the personal information that has already been disclosed.In 2018,the European Court of justice formally established the "right to be forgotten" in the general data protection regulations,but the double named text model led to the academic circles to define its concept around its relationship with the "right to delete".This simple way of text interpretation is biased in defining the concept of "forgotten right".This paper will explore the real connotation of "forgotten right" by combing its internal evolution.Since "forgotten right" is a new right,its right attribute should be supported by legal theory.As the protection object of "forgotten right",the "personal interest" carried by personal data contains freedom,dignity and other values.This paper will control personal data by inch.For "forgotten right",it will be divided into three parts: "interest theory","will theory" and "necessity of legal protection" Dimension is proved by legal theory to explore its legal nature.On this basis,the subject and object of "forgotten right" are determined from the perspective of right structure system orlegal relationship,and the specific content is comprehensively analyzed.In addition,different countries have different attitudes towards the extraterritorial use of the right to be forgotten.Based on the reality of China and the existing judicial decisions,we should actively explore the localization path of the protection of the right to be forgotten. |
