Research On The Legal Issues Of Localization Of The Right To Be Forgotten

In the era of digital information,people travel freely in the Internet world and enjoy various conveniences brought by the Internet.However,people browsing the web and using APP will also leave a lot of personal information,which is hard to be forgotten by the permanent record of the Internet.The personal information left on the Internet is either collected and sold wantonly by criminals,causing telecommunication fraud or being prying into privacy,or it becomes distorted and deformed over time and becomes a factor that affects people's current personality image.In order to cope with the lack of Internet forgetting mechanism,manage and control the personal message better,restore the normal metabolism of personal message,maintain the personal dignity and protect the personal interests of the information subject,the EU has constructed the right to be forgotten in the General Data Protection Regulations.Since then,a considerable number of countries have followed and explored the establishment of a right to be forgotten that suits them.There is a debate about whether to introduce the right to be forgotten into China and construct it locally.Scholars who are in favor of the introduction and support of localization believe that there is a realistic need for the right to be forgotten to be localized in our country,that the right to be forgotten will not pose a threat to freedom of speech and the right of the public to know,that even if there is a conflict can be resolved by means of interest measurement,that the localization of the right to forget has a corresponding legal basis,and that the system design of the right to be forgotten is reasonable.Scholars who oppose the introduction of the right to be forgotten into our country are exactly the opposite of the above argument.They believe that the problems involved in the right to be forgotten can be solved within the legal system of our country and the introduction of the right to be forgotten seriously threatens the freedom of speech and the public's right to know.According to the legal basis,the system itself is unreasonable.The opposing views are obviously biased,and the views in favor of the introduction are more reasonable.The localization of the right to be forgotten is not only justified but also feasible.The feasibility of localization of the right to be forgotten can be demonstrated from the theoretical and practical levels.The feasibility of the theoretical level can be demonstrated from the following aspects: through the clarification of the attributes of rights,the position of the right to be forgotten system in China's rights system after its landing in China has been clarified,and the clarification of disputes over the constitution of rights has made the content of the system more clear.By introducing the principle of proportionality,the conflict between the right to be forgotten and other rights is resolved,and obstacles are cleared for the implementation of the right to be forgotten system.Secondly,the localization of the right to be forgotten also has practical feasibility.Many countries outside the European Union have made more or less practical attempts on the right to be forgotten,such as Russia?the United States?Australia ? South Korea and other countries choose to establish the right to be forgotten directly through legislation,while Japan?Argentina and other countries use the judgment concept of the right to be forgotten in judicial practice to adjudicate related cases.These rich foreign practical experiences provide practical feasibility for our country to construct the right to be forgotten.In addition,the legislation and draft of our country in the past five years are also actively promoting the right to be forgotten system landing in our country and promoting its practical process.Finally,a legislative path concept was proposed for the right to be forgotten to land in China,and the right to be forgotten should be classified into the Personal Information Protection Law in detail.The system design of the right to be forgotten is carried out in order to promote the localization of the right to be forgotten.