Legal Analysis Of The Establishment Of The Right To Be Forgotten In My Country Under The Background Of Big Data

The drastic information storm brought by big data has been changing our life,work and the way of thinking in an all-round way,and it has activated huge economic and social value.However,the digitization of information in the era of big data has made our memories gradually appear to be "eternal","unforgettable",and other characteristics.The threat to personality interests under the network environment has surpassed the ability of the traditional privacy protection mode,and the right to be forgotten is the best response to the protection of personality interests in this context.The right to be forgotten was first established in the European Union's legislation and judicial practice,and quickly became a hot issue in various countries.The study of the right to be forgotten started late in China,but since the first introduction of the right to our country in 2013,it has become a hot issue in our research in a few years.The right to be forgotten is aimed at solving the problem of troubles and risks brought to citizens by the permanent memory of a large number of information on the Internet under the current big data background.The essence of it is to strengthen the self-control of personal information.In the current big data environment,the study of the right to be forgotten is of great significance to the improvement of the theoretical construction system of personal information protection in China,and its legislative value is becoming increasingly prominent.At present,our country has been not established a complete system of personal information protection.People's understanding of the right to be forgotten is not clear enough,and there is a great controversy about that it as one of the basic contents of the right of personal information.Therefore,this article mainly takes the big data age as the background,and discusses the right to be forgotten from the concept and the attribute discrimination,the constitution and the boundary of the right,the establishment of the necessity and the perfection of the legislation.The first part of this paper defines the concept of the right to be forgotten through the comparative analysis of "the right to be forgotten" and "the right to forget" and "the right to delete",and then defines the right to be forgotten under the right of privacy and the right of personal information.The second part mainly elaborates the constituent elements and the right boundary of the right to be forgotten,so as to acquire a greater depth of understanding of its content.In the third part,we present the legislative overview and the judicial practice of the right to be forgotten in the foreign countries through tabular form firstly,and then take the European Union and the United States as examples to analyze the reasons of different attitudes about the right to be forgotten,so as to combine the actual situation in China to explore the legitimacy of the establishment of the right to be forgotten in our country.Then from the perspective of big data,it have been fully demonstrated the necessity of establishing the right to be forgotten by the establishment of the prevention mechanism about personal information security,the protection of digital personality,the establishment of a new network deletion order,and the maintenance of national network information sovereignty.The fourth part mainly combines the existing legislative foundation of the right to be forgotten in our country and the provisions of "Personal Information Protection Law Draft" of 2017 in China,and draws on the foreign legislation,and puts forward the perfect suggestion of the right to be forgotten in the relevant legislation of our country.The innovations in this article mainly include the following points.First of all,the definition of the concept and attribute and the analysis of the content about the right to be forgotten are put forward on the basis of other scholars.Secondly,combined with the latest data and examples in the background of big data in China,the necessity of establishing the right to be forgotten is fully analyzed and demonstrated.Finally,on the basis of drawing lessons from foreign legislation,it puts forward the legislative perfection proposals for the right to be forgotten in our country.