Research On Legal Protection Of Forgotten Right

The technological revolution promoted by information technology makes the owners of information data gradually lose control of their own information,and the incidents of infringing personal information emerge in endlessly.In order to meet the needs of personal information protection in the network era,a new right to protect personal information from infringement-the right to be forgotten came into being.The European Court took the lead in recognizing this right globally in Gonzales v.Google,and then confirmed the right to be forgotten in the General Data Protection Regulations implemented in 2018.Since then,member states within the EU have affirmed this right at the legal level.Although the United States holds a conservative attitude towards this right,it has appropriately cited this right in the Children’s Online Privacy Protection Act and the Eraser Act.From the current legislative trend of information protection in the world,the legal protection of the right to be forgotten conforms to the development trend of the information age.As a powerful Internet technology country,China has not only accumulated rich Internet technology,but also has the largest Internet users in the world.In order to better protect the personal information security of network users,it should actively introduce this right,A set of legal protection system for the right to be forgotten should be established in line with China’s actual conditions.The first chapter of this paper first outlines the evolution of the right to be forgotten in EU law,then analyzes the three layers of connotation of the right to be forgotten in combination with the first case of the right to be forgotten-Gonzalez v.Google,and briefly introduces two theories that are highly recognized by the current academic community for the right to be forgotten;Secondly,it conducts a comparative study on the extraterritorial legislation for the protection of the right to be forgotten.Because the EU and the United States hold opposite attitudes towards the protection of the right to be forgotten,this chapter mainly introduces the respective legislative practices of the EU and the United States on the protection of the right to be forgotten,and discusses the enlightenment on the legal protection of the right to be forgotten in China from the horizontal comparison of their legislative practices;Then it analyzes the problems that may arise if China wants to establish the right to be forgotten in the existing legal system at the current stage;The last chapter mainly analyzes the legal construction of the protection of the right to be forgotten in China.First,II analyzes the current situation of the protection of the right to be forgotten in China’s legislation and judicature,and draws the conclusion that the legal spirit of the right to be forgotten already exists in China’s current legislation and judicial practice.Then it discusses the necessity of establishing the right to be forgotten in China.After drawing the conclusion that China really needs to establish the right to be forgotten,this paper clearly stipulates the right to be forgotten as the path of legal construction of the right to be forgotten in China from the two aspects of the Civil Code and the Personal Information Protection Law.Finally,in view of the fact that courts at home and abroad basically attribute the right to be forgotten to the category of personality right when dealing with similar cases,if China establishes the right to be forgotten in the future,The basic elements of its legal relationship should be clarified,so the legal relationship of the right to be forgotten needs to be specifically constructed,and its subject,object,content and exceptions should be clarified.The legal spirit of the right to be forgotten is reflected in the relevant judicial practice and laws and regulations in China,which has a certain legal basis.Therefore,China should clarify the right to be forgotten on the basis of existing laws,making it a right enjoyed by individual citizens recognized by our laws,which will greatly promote the protection of personal information in China.