| The focus of our academic circles on the right to be forgotten stems from the judgment of Google Spain in 2014.After the "Google Spain case" was issued,the "Ren Jiayu v.Baidu case" occurred in China the following year.These two cases aroused intense discussions among scholars,both affirmative and negative.Big data has a huge impact on personal information,resulting in a series of personal information protection issues,and the core meaning of the right to be forgotten is to better protect personal information.However,there is no final conclusion in the academic world about the right to be forgotten in China.The occurrence of "Ren Jiayu v Baidu" laid the foundation for judicial practice for the right to be forgotten.The provisions of the law are to better solve practical problems.Although the right to be forgotten is an imported product,to some extent,it can indeed better protect the rights and interests of citizens,so we should adapt to changes in the development of the times.This paper intends to proceed from the two cases of "Google Spain Case" and "Ren Jiayu v Baidu Case",comparatively analyze and study the relevant regulations concerning the right to be forgotten in European and American countries,first clarify the concept of the right to be forgotten,and define its legal attributes,based on The foundation of China’s civil rights system,I put forward my humble opinion for the localization of the right to be forgotten.The first part of the thesis gives a general explanation of the origin and development of the right to be forgotten,and lays the foundation for the writing of the thesis.The second part compares the legislation of the European and American countries about the right to be forgotten,and analyzes the reason why the European and American attitudes towards the right to be forgotten are quite different through comparative analysis,with a view to providing a reference for the localization of the right to be forgotten in my country.The third part analyzes and studies the necessity and feasibility of constructing the right to be forgotten in our country.This part expounds the necessity of constructing the right to be forgotten from three aspects: the protection of personal information,the actual needs of the information subject and the protection of personal dignity.Explore the feasibility of localization of the right to be forgotten through theoretical research,legal norms and the basis of judicial practice.The fourth part analyzes and studies the construction of the system of the right to be forgotten in my country,clarifies the concept of the right to be forgotten,explores its attribution,and proves the right to be forgotten.The fifth part is based on the whole paper,and puts forward a humble opinion on the localization of the right to be forgotten.The right to be forgotten is attributed to the right of personal information,and the protection of this right is discussed through social security,legal protection,and administrative security. |
