The Constitutional Basis Of The Right To Be Forgotten In The Era Of Big Data

With the advent of the Big Data era,information search engines and information storage devices are being updated,and information network traces are being penetrated into all aspects of citizens’ lives,and citizens’ personal information is improperly collected,analyzed,utilized,and stored,which brings adverse effects to citizens’ real life and personal image."In this situation,the right to be forgotten was born.At present,the discussion of the right to be forgotten is mainly focused on the civil field,and the right to be forgotten is not recognized as a constitutional right or a public law right,but only a civil right or a private law right,which is not in line with the basic constitutional rights principle.In fact,from its birth to its development,the right to be forgotten has a strong constitutional right attribute,and it has the constitutional protection necessity,not only to resist the infringement between private individuals,but also to prevent the improper infringement by public power.In addition,this paper aims to provide a normative basis for the right to be forgotten and clarify its scope of protection through the perspective of constitutional hermeneutics:according to the Constitution of China,the right to be forgotten is an embedded constitutional right,and its constitutional norms are based on the provisions of human dignity,communication rights,and human rights.The right to be forgotten is essentially a right to exclusive domination,decision and control of information related to an individual by the information subject.The right to be forgotten guarantees the right holder’s ability to reintegrate into society,forming a positive right of control,domination and self-determination of citizens over their relevant information and a negative right to protect personal information from illegal collection,illegal use and infringement.The exercise of the right to be forgotten of personal information may not only create competing relationships with other fundamental rights,but may also give rise to problems of conflict with public interests.In this case,it is necessary to determine the scale of protection of the right to be forgotten based on interest weighing and case-by-case analysis,and the public authority should strictly follow the limits of the principle of legal reservation and the principle of proportionality in practical behavior to guarantee the exercise of citizens’ right to be forgotten and avoid infringement of their personal information rights.This paper also tries to solve the problem of "how to protect" and"how much to protect" the right to be forgotten from the perspective of constitutional doctrine,from the perspective of the right to be forgotten and the restrictions it should be subject to,and to construct the system of personal information protection of the right to be forgotten at the constitutional level.Finally,by reflecting on the current legislative status and judicial practice of the right to be forgotten in China,this paper considers the application of the right to be forgotten from both theoretical and practical aspects,and also explores the path of protection of the right to be forgotten in China by clarifying the constitutional basis of the right to be forgotten so as to establish the status of its basic right and the way to guarantee it,and by clarifying the obligations to be undertaken by public authorities and even the state,revisiting the mechanism of constitutional review in China,establishing a special organ for the protection of personal information,and strengthening the role of the courts in the protection of personal information to protect the right to be forgotten.