| With the rapid development of science and Internet technology,human society has entered the era of big data.The network has been extended to every corner of people’s life.The extensive collection,instant retrieval and permanent memory of net information make human society lose the ability to be forgotten.These outdated and negative personal information make the life of the information subject in an unstable and uneasy state.On the one hand,it will bring adverse effects to the individual at an unspecified time,on the other hand,it will affect the return to society of people with bad reputation.At this time,the right to be forgotten as a new right arises at the historic moment.It gives the information subject the right to delete or conceal embarrassing information that was once legally published on the Internet,which plays an important role in the protection of personal information self-determination,self-development and personal dignity.Minors,as a vulnerable group specially protected by law,will always retain the digital traces generated by their words and deeds when surfing the Internet,which increases the cost of reshaping the "personality portrait" formed on the Internet by minors who lack rationality and simply pursue happiness,which is not conducive to the healthy development of their personality.However,the legislation of personal information protection in China is not perfect at present,and there is a lack of theoretical research and legislative protection on minors’ right to be forgotten.Therefore,this paper studies the right to be forgotten from the perspective of minors,which is mainly composed of five parts.The first part is introduction.The second part summarizes the concept and nature of the controversial minors’ right to be forgotten,and distinguishes it from the right to delete,the right to privacy and the system of sealing up the criminal records of minors.The third part is the necessity and feasibility analysis.On the one hand,starting from the law of healthy growth of adults,this paper analyzes the problems faced by the protection of minors’ online personal information around their own,family,society,network and other factors,so as to clarify the necessity of the construction of minors’ right to be forgotten.On the other hand,this paper demonstrates the feasibility of constructing minors’ right to be forgotten from the aspects of Chinese traditional culture,legislation,judicature and social practice.The fourth part is the investigation of European and American legislation,which explores the legislative background and specific provisions of the EU "General Data Protection Regulation"(2016)and the US "Eraser Act"(2015)concerning minors’ right to be forgotten,and summarizes the Occident experience according to China’s national conditions.The fifth part of the system construction,through the above analysis,combined with the relevant provisions of the Civil Code,this paper put forward the feasible protection path of civil law and special law,and reasonable structure of the right subject,right content,right exercise conditions,right relief and other aspects.Finally,combined with the foregoing,the supporting measures for the protection of minors’ right to be forgotten are designed with social guidance from the aspects of parents,state organs and network service providers. |
