Research On The Right Attribute And Protection Paths Of "the Right To Be Forgotten" In China

The right to be forgotten is the right that the information subject enjoys to request the Internet platforms or network supervisors to delete the personal information related to it on the Internet.Many laws and regulations in our country define the protection for personal information,and also in some cases,the information subjects can request Internet platforms or network supervisors to delete the information.However,in general,the relevant regulations lack systematicity,and such the personal information protection is mostly a method of remedies afterwards,lacking of relief in advance.Besides,most of the regulations on afterward remedies are discussed from the privacy and reputation rights of specific personality rights.For this reason,the legal community mostly hopes to introduce the right to be forgotten in order to better protect personal information.However,there is a great disputation on the attributes and protection paths after the localization of the right to be forgotten.For a new right,identifying its legal nature will contribute to guarantee the normal practice of the right.In order to provide relevant suggestions for the introduction of the right to be forgotten,this article mainly studies the right attribute and the protection path of the right to be forgotten.First,by analyzing the value orientation,implementation approach,the subjects of rights,etc.it is concluded that the right to be forgotten actually is the right of personal information;secondly,according to the attributes of the right to be forgotten,the specific contents of the protection of the right to be forgotten are clarified;Finally,after clarifying the drawbacks of the protection of the right to be forgotten in our country,by borrowing the relevant foreign experience,five main protection paths for the right to be forgotten in our country are derived.The first is to incorporate the right to be forgotten into the Civil Code or the Personal Information Protection Law,and to clarify the right attribute,imputation principles,and application range of the right to be forgotten;the second is to classify the information and identify the conditions of the right exercise;the third is to protect the interests of minors,and set a short deadline for these groups;fourth,it is required to further strength the supervision of personal data within the Internet environment,and promote the self-regulation development;and the fifth one is to establish the agents to protect personal data,strengthening the protection.