On The Constitutional Protection Of The Right To Be Forgotten

The rapid development of Internet technology not only brings convenience to people’s daily life,but also threatens people’s personal information security.Under the internet technology,citizens’ information is in danger of being permanently stored by big data once it is published.Memory has become a normal phenomenon in today’s era,but it is more and more difficult to forget.The phenomenon of excessive collection,arbitrary processing and even illegal trading of personal information by public and private subjects is frequent,which violates citizens’ personal dignity and information autonomy.Based on this,it is necessary to study the right to be forgotten.However,at present,our country’s research on the right to be forgotten mostly concentrated in the field of civil law,civil legislative thinking is in a dominant position.Most civil law scholars believe that the right to be forgotten is only a right of civil law,do not recognize its constitutional position.On the contrary,few scholars have studied the right to be forgotten from a constitutional perspective.So that the field of civil law research is fruitful,but the field of constitutional research is very few phenomenon.However,with the development of The Times,the right to delete stipulated by civil law and other departmental laws has long been unable to fully protect the security of citizens’ personal information,so it is urgent to protect the right to be forgotten with the height of the Constitution.The research on the constitutional protection of the right to be forgotten can provide strong protection for citizens’ information autonomy,balance the relationship between state organs and citizens,solve the problem of right conflict,and realize the purpose of safeguarding citizens’ personal dignity.This paper analyzes the basic theory of the right to be forgotten,and on the basis of this,make an in-depth study of the necessity and existing problems of the constitutional protection of the right to be forgotten,in order to construct the path of the constitutional protection of the right to be forgotten.Although the right to be forgotten has not been explicitly stipulated in Chinese law,it can be derived from the existing laws.It is implied in many basic rights of our constitution and belongs to the basic rights not enumerated in the Constitution,which indicates that it is necessary for the right to be forgotten to be protected by the Constitution.The right to be forgotten conforms to the theory of constitutional fundamental rights,and its object includes not only private subjects but also public power organs.Besides,there are value conflicts between the right to be forgotten and a number of basic rights such as freedom of speech,and its exercise will be restricted by public interests.Therefore,it is reasonable and necessary to protect the right to be forgotten as a basic right.At present,the main reason why the protection of the right to be forgotten is weak is that the right to be forgotten has not been stipulated in the constitution yet,and the constitutional protection is limited.At the same time,the protection of the right to be forgotten lacks specific restrictions and norms and effective constitutionality review system,which is the reason for the expansion of the limited scope of the right to be forgotten and the lack of effective relief.In addition,the forgotten protection has not adopted the mode of national obligation protection is also one of the reasons leading to the insufficient strength of protection.Therefore,for the path construction of the constitutional protection of the right to be forgotten,we must first clarify the constitutional status of the right to be forgotten,and make up the fundamental basis for its constitutional protection,so that the forgetting of citizens can return to normal.Secondly,specific provisions should be made on the restriction of the right to be forgotten,and the principle of proportion should be taken as the resolution principle when there are conflicts between the right to be forgotten and other basic rights,so as to balance the relationship between the right to be forgotten and other basic constitutional rights.Thirdly,we should give full play to the role of the court in the constitutionality review,build a specific constitutionality review system,and provide relief procedures for the constitutional protection of the right to be forgotten.Finally,if the right to be forgotten is to be effectively protected by the constitution,it also needs to adopt the mode of national obligation guarantee,that is,the state needs to assume its obligation to respect,protect and realize the right to be forgotten,so that the right to be forgotten can really play its role in safeguarding the personal dignity of citizens and protecting citizens’ personal information and privacy security.Therefore,it is meaningful to study the constitutional protection of the right to be forgotten.It is necessary for the right to be forgotten to be protected by the constitution,but at the same time,there are still many obstacles in the process of constitutional protection of the right to be forgotten,which need to be solved by clarifying its constitutional review system.