Research On The Civil Law Protection Of The Right To Be Forgotten

In the era of big data,we are accepting the troubles from digital memory and the deconstruction of artificial intelligence.Traditional rights such as privacy rights can no longer effectively protect this emerging interest.Faced with the contradiction between the protection of personal information and the development of information technology,the EU has chosen to reconcile it by establishing the right to be forgotten.In recent years,the localization of the right to be forgotten in our country has also become a hot topic of discussion in our academic circles.The first part will successively explore the source of the right to be forgotten,the determination of the name of the right to be forgotten,and the definition of the right to be forgotten.As a new right,the right to be forgotten has not yet reached a consensus on its name,concept,and connotation.This article attempts to clarify the concept of the right to be forgotten by starting from the origin and development of the right to be forgotten.Finally,this article attempts to summarize and summarize the extension and connotation of the right to be forgotten based on the analysis of existing research and viewpoints.The second part is the theoretical justification of the right to be forgotten from the perspective of private law.This part will demonstrate the rationality of the right to be forgotten from three aspects:the right to be forgotten cannot be replaced by the right of privacy,the right to be forgotten can be integrated into the existing private right system.This essay adopts the brushwork method to try to prove that the right to be forgotten should belong to a private right and further analyze what kind of private right the right to be forgotten should belong to.It also compares and analyzes the right to privacy and personal information with the right to be forgotten to demonstrate the nature of the right to be forgotten.At the same time,this article expounds the conflicts between the right to be forgotten,freedom of speech,and the public’s right to know and other existing rights,and attempts to resolve such conflicts.The third part projects the perspective to summarize the path,method and degree of protection of the right to be forgotten in different regions.Then summarize and summarize the legislation and justice of the right to be forgotten in our country.And focus on the analysis of the differences between my country’s "Personal Information Protection Law(Draft)" and the EU’s "General Data Protection Regulations"and try to analyze my country’s attitude towards the right to be forgotten.Based on the analysis and comparison of the protection system of the right to be forgotten at home and abroad.The last part constructs the rights framework,and the exercise of the right.After clarifying the rights framework,this article constructs a private law protection system for the right to be forgotten from the two paths of legislation and justice.