大数据背景下的被遗忘权研究

Research on the Right to Be Forgotten in the Context of Big Data

大数据时代,记忆与遗忘发生反转,人类身陷"遗忘"困境。被遗忘权的提出,在一定程度上解决了这一数字化难题。我国在立法与司法上,也均有相关的法治铺垫。但与此同时我们不难发现,被遗忘权的在实践中依然存在数据痕迹难以根除、维权被动、与其他权利形成冲突等多方挑战。基于此,需要我们积极进行数字化节制,制约数据控制者过度的权力行使,并进一步细化被遗忘权不完善之处,才能更好地保护信息安全,适应数字化生存,与数字化记忆和谐相处。

In the era of big data, remembering and forgetting are reversed, and human beings are trapped in the dilemma of forgetting. The proposal of the right to be forgotten solves this digital problem to a certain extent, and China has laid a foundation for the rule of law in both legislation and judicature. However, at the same time, it is not difficult to find that in practice, there are still multi-party challenges of the right to be forgotten, such as data traces are difficult to eradicate, rights protection is passive, and conflicts with other rights are formed. Based on this, we need to actively conduct digital control, restrict the excessive exercise of power of the data controller, and further refine the imperfections of the right to be forgotten, in order to better protect information security, adapt to digital survival, and live in harmony with digital memory.