Research On The Right To Be Forgotten Under The Personal Information Protection Law

In the era of information network,digital storage and information technology are also constantly changing and developing.Internet storage data has reached an amazing magnitude,and gradually build a virtual network society.Nowadays,information network technology has broken through traditional methods of information dissemination,and the depth and breadth of information storage and dissemination have changed the physiological forgetting mechanism of humans,making personal information with identifiable specific information subjects that are actively disclosed in the network permanent memory.When personal information with timeliness does not match the current situation of the information subject,this information data may have adverse effects on the information subject.At the same time,the permanent memory of the Internet will make it impossible to forget or even break away from the control of the information subject for inaccurate and outdated information.Therefore,based on the protection of the social image and personality interests of the information subject,an exit mechanism should be provided to deal with the dilemma of Internet digital memory,so as to get rid of the surveillance of the Panopticon on the public.The right to be forgotten originated from the right to forget,initially intended for individuals who have been released after serving their sentences to get rid of their criminal records,adopt the policy of not disclosing their crimes and imprisonment,and return to society with a new identity.The arrival of the information age has expanded the theoretical connotation of the right to be forgotten,and in addition,the European Court has improved the scope of application and protective measures through the "Gonzalez v.Google" case,forming a relatively complete institutional structure of the right to be forgotten.Nowadays,countries are actively exploring ways to adapt to their own systems of the right to be forgotten.For China,with the introduction and implementation of the Civil Code and Personal Information Protection Law,there has been continuous controversy in the academic community over the right to be forgotten.The main focus of controversy among them is on the definition of the right to be forgotten and the right to be deleted,and whether the two belong to the same rights.Therefore,the author intends to construct a forgotten right system that is suitable for China’s legal construction system within the framework of the Personal Information Protection Law by comparing the scope of meaning,applicable conditions,and obligation subjects of the two.The main body of this article is roughly divided into five parts.The first part briefly describes the current research status of the right to be forgotten and the research methods used in this article.The second part analyzes the origin of the system of the right to be forgotten and its legislative evolution,and explores the judicial application of the right to be forgotten from real cases.In specific cases,the application conditions and reasons for the right to be forgotten are explored,and the system of the right to be forgotten is introduced accordingly.The third part discusses the concept,attributes,and scope of application of the right to be forgotten,compares the definitions of deletion rights in the Personal Information Protection Law,analyzes the essential differences between the two rights,and seeks legislative basis for the construction of the right to be forgotten.The fourth part analyzes the feasibility and necessity of constructing the forgotten right system in China,providing theoretical support for the construction of the forgotten right system based on the practical and legislative needs of our country.The fifth part analyzes the system of the right to be forgotten.The author will start from four aspects: the subject of rights,the subject of obligations,the object of rights,and the content of rights,and provide detailed suggestions for the composition of rights,the conditions for limiting the application of rights,and the methods of relief.Finally,considering the practical needs and basic national conditions of our country,we will seek the localization direction of the right to be forgotten in the legal system of the Personal Information Protection Law.There are two paths to determine it.The first is to confirm it through a single independent law in the Personal Information Protection Law.The second is to draw on the legislative ideas of the European Union and establish it in the form of the right to deletion(the right to be forgotten),making the right to be forgotten a supplement to the right to deletion,in order to better protect the personal information interests of citizens.