Study On Legal Protection Of "Right To Be Forgotten" Of Transborder Data

Today's big data technology has given new value to personal information,making the flow of information more and more valuable than capital flow and logistics.The development of Internet technology makes the cross-border transmission of personal information more frequent,and to some extent infringes the personal information rights of data subjects.Human rights-oriented Europe first proposed the concept of the right to be forgotten and incorporated it into law to regulate the misuse of personal information by data controllers,and EU GDPR explicitly states that the "right to be forgotten" is extended to all companies that provide products,services and data collection and use to users in the EU.The legal protection of the right to be forgotten across the border has thus become a data subject,enterprises with cross-border transmission needs and even the country needs to pay attention.First article introduces the concept and preliminary understanding of the right to be forgotten by analyzing Google v.Gonzalez in Spain in 2014.Then to explore the meaning,nature and relationship between the right to be forgotten,privacy and personal information,it is confirmed that the right to be forgotten belongs to the general right of personality and should be protected by legislation separately.The second part analyzes the difficulties of protecting the right to be forgotten cross-border data,including the conflict between the right to be forgotten and the trend of data globalization,and the conflict between the right to be forgotten and the right to express and the right to know,and the protection of extraterritorial legislation of the right to be forgotten varies.Article mainly analyzing the legislative priorities and characteristics of the European Union,the United States and Russia.The lack of conflict norms makes it difficult to apply the law.From the above three angles,the root of this right is difficult to protect.The third part focuses on the two main regional personal data protection rules in the world today: CBPR and BCR.Since the great differences in value orientation between Europe and the United States,a larger or higher standard international organization needs to lead the development of international protection agreements before a breakthrough can be made.However,as previous experience has shown,there are difficulties at the operational level of the introduction of a unified protection system by global organizations,so it is more feasible for regional cooperation organizations to gradually develop internal coordination mechanisms and further cooperation among regional organizations.The fourth part of this paper gives suggestions on the protection of the right to be forgotten across the border.First lying the legislative basis and judicial practice of the right to be forgotten in China,we needs to improve the legal framework,apply and join the international rules system,the government to establish information classification and data supervision special departments.On the international front,there is a need to intensify consultations,strengthen cooperation between States,organizations,harmonize the principles or benchmarks of protection of the right to oblivion,and establish specialized organizations to balance law and information technology.