The Research On The Right To Be Forgotten

In the era of big data,people have powerful tools and technologies to extract objective,internal,and valuable connections from the personal information and data resources that were originally in a discrete state,and relentlessly ingest clear individual portraits with more accurate analysis,prediction and judgment.The information subject gradually loses its effective control and is eager to protect the security of personal information.The right to be forgotten,as an emerging right,refers to the right for people to delete their personal information that has been published,inappropriate,irrelevant or no longer relevant and outdated on the Internet,and responds positively to people’s demands for the protection of personal information.This article can be divided into four parts.Chapter One introduces the case of Google Spain,and discusses the crisis and predicament of personal information protection in the era of big data.The proposal of the right to be forgotten reflects the concept of information autonomy and is committed to reversing the imbalance of information power.It is of great help in respecting personal dignity and freedom,protecting personal development,and promoting a pluralistic and democratic social atmosphere.Chapter Two analyzes the core content of the right to be forgotten,and discusses the value conflicts between the right to be forgotten and the right to freedom of expression,the public’s right to know,commercial interests,and public interests.Personal information is both private and public.The right to be forgotten should never be modeled as a super right that can override other basic rights.The principle of proportionality and the case-balancing method should be introduced to reconcile these conflicts.Chapter Three selects the unified model represented by the European Union and the United Kingdom,the decentralized model represented by the United States,and the eclectic model represented by Japan,and analyzes the legislative reform and judicial practice of personal information protection worldwide.Chapter Four believes China should not avoid the legislation wave of the right to be forgotten,as well as personal information protection.First of all,considering the current development of the Internet in China,the existing legal basis for personal information protection,and the judicial practice that has emerged,the interests represented by the right to be forgotten,as an important part of the interests of personal information,have the context of localized development.Second,by summarizing the shortcomings of the existing protection framework,this article believes that the legislative model of the Civil Code and the special Personal Information Protection Law is a suitable way for China.This country should combine the local characteristics,absorb the experience of other countries,promote our own legislation and judicial practice in this area,and at the same time explore the industry self-discipline mechanism to create imaginative nonlegislative means to help protect information interests.