Research On The Personality Interest To Be Forgotten

With the increasing number and volume of open network virtual platforms,advanced Internet technology has broken through the shackles of information storage and transmission in distance and time,making fundamental changes in the way and path of people to show and record themselves independently or passively.The powerful storage and memory function of emerging media on the Internet breaks through the traditional information forgetting mechanism,so that the personal information released by the information subject in the network can almost last forever.When these timely information are significantly different from the current situation of the information subject,it may have an adverse impact on the subject’s social image and personality evaluation.An information exit mechanism is needed to break the dilemma and barrier of permanent memory on the Internet and protect the personality interest to be forgotten of the information subject.In order to realize the self-control and self-determination of the information subject for personal information,many countries have certain legislative practices.For example,in the context of EU legislation,the personality interest to be forgotten is protected through the right of deletion,that is,in the field of the Internet,the information subjects could claim the information control subjects to delete the personal information released by himself or a third party that no longer meets the purpose restriction principle,so as to maintain its social evaluation and reduce or stop the infringement on the personality rights and interests.At the moment when China’s personal information protection law has come into force,where should the personality interest to be forgotten go?It is an important topic which is worthy of further research and examination.It not only helps to clarify the core meaning and protection boundary of the personality interest to be forgotten in the context of the Internet,but also plays a key role in the construction of China’s personal information protection legal system.This paper consists of the following parts:The first part,through the comparative analysis of two famous cases of the right to be forgotten at home and abroad,namely Gonzalez case and Ren Jiayu case,obtain the basic ideas and practical difficulties of the protection of the personality interest to be forgotten in China’s legislative and judicial practice.The second part summarizes and further explains the conclusion that the right of the personality interest to be forgotten belongs to the protection of personal information right by combing the disputes over the ownership of the personality interest to be forgotten,including the theory of deletion right,the theory of privacy right and the theory of independent specific personality right.The third part expounds and analyzes the principles and specific elements of determining the boundary of the protection of the personality interest to be forgotten in judicial practice.The fourth part considers whether the provisions on the right to delete personal information in Personal Information Protection Law of the People’s Republic of China can cover the protection of the personality interest to be forgotten,and puts forward the imperfections of legislation.