A Study Of Juveniles' Right To Be Forgotten

The rapid advancement of science and technology has brought human society into the era of big data.In the era of big data,while people fully enjoy the convenience brought by Internet technology,personal information security issues have gradually deteriorated.In the Internet era,"memory has become the norm,and forgetting has become an exception." Human privacy and personal dignity have been seriously challenged.The right to be forgotten has emerged as an emerging right,and it has a significant role in maintaining the security of personal information..The right to be forgotten was first established in the case of "Google v.Saleres",and the introduction of the "Eraser Act" in the United States strengthened the legislative protection of the right to be forgotten by juveniles.Due to the fact that under the background of big data,Chinese juveniles are in a reasonable,protected and remedy position for the protection of personal information,and the imperfect legal system for the protection of juveniles' personal information in China,lack of online parental consent mechanism,the difficulty in deleting information,and the apparent lack of administrative supervision make it urgent to construct a system of the right to be forgotten by juveniles in our legislation.Because there are no regulations and judicial decisions on the right to be forgotten in Chinese legislation and practice,most scholars have decentralized related research on the right to be forgotten,and there are few studies on the right to be forgotten by juveniles.Therefore,the purpose of this article is to define the concept and nature of the right to be forgotten by juveniles,to summarize the current status and shortcomings of the legislation and practice of the right to be forgotten to juveniles in China,to analyze and draw on the legislation and norms of the EU GDPR and the US Eraser Act.Thinking about the legality and rationality of introducing the right to be forgotten to juveniles in China,I hope to provide concrete and practical suggestions for the construction of the right to be forgotten by juveniles in our legislation.This article is divided into five parts:In the first part,define the concept and nature of the right to be forgotten in the context of big data,and then transition to the definition of the right to be forgotten by juveniles and juveniles.In the second part,describe the current status of the right to be forgotten by juveniles.This article reviews the current legislation and practice of right to be forgotten in China,and analyzes its shortcomings.In the third part,this article introduces and compares the EU's General Data Protection Regulation and the US Eraser Act's legislative provisions on the right to be forgotten by juveniles,and studies the norms that can be used for reference in Chinese legislation.In the fourth part,analyze the legality and rationality of introducing the right to be forgotten by juveniles in China.Legitimacy lies in the legal basis,theoretical basis,and practice of seeking rights;rationality is a study of how to measure conflicts with freedom of expression,public right to know,and national and social interests that may arise after exercising the right to be forgotten by juveniles' problem.In the fifth part,establish the system of the right to be forgotten by juveniles in China.By analyzing the above problems and drawing on the experience of other countries,a set of specific rules on the right to be forgotten by juveniles with principles,scope of rights,restrictions,procedures,supervision and relief is established.