Research On The Legal Protection Of The Right To Be Forgotten Under The Background Of Big Dat

the concept of the right to be forgotten has emerged from nothing,from its initial bud to gradually enter the public’s field of vision,it began with the publication of the EU’s General Data Protection Bill in 2012.This text is the first time to put the new right of“The right to be forgotten” on the stage of history.This legal document has set off a worldwide upsurge of discussion and research on the right to be forgotten.Many scholars understand and explain this new power from different angles and in different depth,which makes the right to be forgotten exposed in the public field of vision,and opens a new page of personal information data protection for the first time.At present,although there are discussions on the right to be forgotten in our country,there is not a complete chain of knowledge and application.Starting from two classic cases,this paper analyzes the position of the right to be forgotten as the right of personality in our legal system,and finds the legal means to balance the rights of all parties,and put forward the right to be forgotten protection in our legislation and judicial practice of countermeasures.The first part is the introduction of the case and the focus of the dispute,taking two classic cases in the field of the right to be forgotten as the starting point,summarizing the focus of the dispute and clarifying the focus issues in judicial practice.The second part is the legal analysis of the focus of the dispute,focusing on the focus of the dispute in the two cases,and discovering the core issues of the focus of the dispute,namely,the legal liability of Internet companies,the balance of interests of data subjects and other information participants,and how to define the right to be forgotten in China in the spectrum of personality rights.The third part is the problems of the current inconsistency of rights and responsibilities of Internet enterprises,the contradiction between the right to be forgotten and the public interest,and the limitations of the traditional legislative model on the protection of the right to be forgotten,and analyzes and discusses related issues.The fourth part is to improve the legislative and non-legislative path choices for the protection of the right to be forgotten in China,and puts forward feasible suggestions around the shortcomings in this field at this stage.