Study On The Construction Of Forgotten Right System In China

The rapid development of information technology in the era of big data not only brings great convenience to people,but also makes the storage,transmission and collection of personal information more convenient.Such digital memory makes personal information security face great threats,one of which is the "problem of forgetting".The EU,Russia and other countries have already established the right to be forgotten to counter the Internet’s "memory",but this system is not yet available in our country.As the need for personal information protection becomes very urgent,it is necessary to build the right to be forgotten system.This article mainly analyses the basic theory,legislation and judicial development status quo of the right to be forgotten,and makes clear the basic theoretical problem of the right to be forgotten and the legitimacy and necessity of introducing the right to be forgotten system.At the same time,based on the analysis and study of foreign experiences,we can reasonably learn from advanced experiences and find a suitable path for the construction of the right to be forgotten system.In addition to the introduction and conclusion,this paper mainly includes four parts.The first part is the basic theory of the right to be forgotten.This part introduces the concept of the right to be forgotten,and summarizes its characteristics,which are specifically manifested as the specificity of the applicable field,the specificity of the subject and content,and the strong practical applicability.As for the nature of the right to be forgotten,this part firstly sorts out the disputes between the right to privacy,the right to personal information and whether it should be characterized as an emerging right,and finally defines it as an independent sub-right of the right to personal information.At the same time,it points out the differences between the right to be forgotten and the right to delete in the legislative purpose,establishment time,nature and application conditions,as well as the differences between the right and the right of privacy in the object of the right,the essence of the right,the power and the expression of the infringement.The second part is about the legitimacy and necessity of introducing the right to be forgotten system.On the one hand,through one negative of the reasons against the introduction of the right to be forgotten system,it proves that the system has the right to be forgotten.The concrete performances are: first,although there are no legal provisions about the right to be forgotten system,but there are a lot of laws and regulations to protect personal information security.Second,from the perspective of social experience,some of our network service operators have implied the right to be forgotten.Third,the existence of the right to be forgotten itself is a form of forgetting mechanism to play a role in the era of big data.On the other hand,it points out that the introduction of the right to be forgotten is also the realistic dilemma of the protection of the right to be forgotten,the reconciliation of the contradiction between individuals and enterprises,and the demand for data privacy protection.The third part is the overview and reference of extraterritorial right to be forgotten system.Based on the right to be forgotten systems of the European Union,Russia and the United States,this part compares and analyzes the differences in the right to be forgotten systems of the above countries and regions.For example,in the legislative mode,the EU and Russia are the state-dominated legislative mode,while the United States is the decentralized legislative mode.In nature,the European Union regards it as the inferior right of personal information,Russia regards it as human right,and the United States regards it as "modern privacy right".The subject of rights,the subject of obligations and the content of rights are also different.At the same time,some practices can be used for reference from foreign systems,such as balance between public interests and private interests,special attention to minors,and flexible protection of information by reasonable use of industry self-regulation model.The fourth part is concrete construction of our country’s right to be forgotten system.First of all,the paper puts forward the general idea of the construction,that is,the unified legislative mode,and the method of interest balance through the combination of scientific system design and the case measurement of applying the principle of proportionality.Secondly,it demonstrates the concrete rules of the legal protection of the right to be forgotten.One is the right structure of the right to be forgotten,including subject,object and content.It emphasizes that the protection of minors’ rights should be strengthened,and information controllers should undertake the obligation of review,deletion and notification.Second,the conditions,ways and limitations of the exercise of the right to be forgotten;Third,tort liability for infringement of the right to be forgotten.Including imputation principle,responsibility identification and responsibility bearing method.Finally,the paper proposes to establish the industry self-regulation protection mechanism of the right to be forgotten,including the industry self-regulation model,implementation subject and path selection under the appropriate supervision and management of the government.