The Right to be Forgotten:Rational Judgment and Legal Structure

The judgment about the right to be forgotten by the European court of justice actually gives the individual the right to withdraw and delete the personal information from the Internet. And essentially it is the expansion of the right to privacy in cyberspace. The consideration of the pros and cons of the right to be forgotten should be combined with the trend of the development of network technology and the industrial interests behind the system. In terms of legal structure,even though the right to be forgotten conflicts with the freedom of speech,the conflict can be reconciled by the mechanism of right restriction and interest balance principle. The subject of the right to be forgotten covers public figures,and the compulsory subject should include Internet search engine service provider and Internet content provider. Clarifying the focus of the right to be forgotten will be helpful to the innovation and improvement of the personal data protection system in our country.