The Theory Of "right To Be Forgotten" And Its Practice And Improvement In Contemporary China

In recent years,with the rise of big data and the rapid development of Internet technology,the scale of China's Internet users is growing day by day,the personal information left by individuals on the Internet is more and more difficult to erase,"forgotten" has become a luxury in this era,the importance and urgency of user privacy protection is increasingly severe.These personal information has been professionally processed and connected to become a valuable data link.The widely available digital ingesting tools,accurate geographic positioning systems,cloud storage and cloud computing have made people's lives transparent and monitored in the word space.However,the neutral nature of technology makes the Internet not forgive and forget any mistakes left by people online,which all strengthen the necessity of introducing the right to be forgotten in China.Since the "right" is forgotten by the legislation and in the case shall be established,completed the transformation from theory to practice,under the background of the Internet propensity to protect personal information is the foundation and the core value of the system caused the extensive discussion and research of all countries,the system of the related theory is introduced into our country by academic circles.Chinese scholars have studied to a certain extent whether to introduce the "right to be forgotten" system and its definition of concept,as well as the analysis of the right structure.Articles subject to the concept of the right to be forgotten,and its power structure,analysis of the current academic circles on the right focus of controversy,it is concluded that "the right to be forgotten" should belong to one child rights under the personal information right to self-determination,and thus more should be incorporated into the right of personal information system,and because the general part will be in the right of personal information into the category of personality right in civil law,so the right of "forgotten" is also to the further development of personality right.In terms of the structure of rights,compared with the right subjects stipulated by the for the "right to be forgotten",in combination with the specific legal environment in China,the scope of the right subjects should be appropriately expanded.The information subject is divided so that it can be implemented in practice.And how to concrete to build the right of "forgotten",respectively need from the legislative,judicial,administrative and related supporting mechanism together these four aspects,first of all the personal information protection act,as soon as possible to break the current legislative fragmented state,localization design rights "" forgotten structure,at the same time,the judicial level to explanation of related concepts,establish relevant administrative levelindependent institutions,for the right to " forgotten " landing implementation to provide security,finally came out from the technical point of view,profession autonomy,such as setting " data storage life ",the introduction of "user privacy preference",etc.In short,in the face of such emerging rights as "the right to be forgotten",we should not completely copy it in a radical way or wait for the system to be fully mature before discussing it.Instead,we need to localize the right on the basis of full understanding and in combination with China's specific national conditions,so that it can be better implemented in practice.