论被遗忘权的内涵及边界

On the Connotation and Boundary of the Right to Be Forgotten

随着大数据时代的到来,记忆变成了一件习以为常的事情,而被遗忘则变得更加困难。对于开启一段新生活的人而言,希望自己的黑历史被他人遗忘依旧是人之本性。2014年,被称为“被遗忘权第一案”的冈萨雷斯案尘埃落定,标志着欧洲正式承认被遗忘权。而我国尚未引进被遗忘权,且对于被遗忘权的独立价值和被遗忘权的法律关系的内容存在争议。本文首先探讨被遗忘权内涵,进而探讨被遗忘权和其他权利的区别,明确被遗忘权的独立价值,希望为我国个人信息保护事业尽一份绵薄之力。

With the advent of the era of big data, remembering has become a common thing, and being forgotten has become more difficult. For those who start a new life, it is still human nature to hope that their black history will be forgotten by others. In 2014, the Gonzalez case, known as the “first case of the right to be forgotten”, was settled, marking the official recognition of the right to be forgotten in Europe. However, my country has not yet introduced the right to be forgotten, and there are disputes over the independent value of the right to be forgotten and the content of the le-gal relationship of the right to be forgotten. This article first discusses the connotation of the right to be forgotten, and then discusses the difference between the right to be forgotten and other rights, and clarifies the independent value of the right to be forgotten, hoping to contribute to the cause of personal information protection in my country.