Legal Justification and Normative Construction of the Right to Be Forgotten in the Digital Era
The right to be forgotten in the digital era refers to a natural person's right to block or delete personal information that is publicly available,aiming to move such information into the realm of privacy to achieve re-privatization and protect human dignity.In terms of its attribute,the right to be forgotten does not subordinate to the right to privacy or the deletion right of personal information,instead,it should be considered as an emerging independent personality right.Regarding its legal justification,by applying Heller's standard of justification regarding internal and external reasons,the independent legal status of the right to be forgotten can be justified through the theories of human dignity and informational self-determination as internal reasons,and the interest-balancing theory and the"common good"rights perspective as external reasons.The normative construction of the right to be forgotten aims to transform it from a set of values into institutional norms integrated in the current legal system.This is achieved by clarifying the subjects of rights and obligations,defining the objects of rights reasonably,delineating the content of rights and regulating the boundaries of the exercise of rights,and specifying the liability for infringement.
right to be forgottenlegal attributetheoretical justificationnormative construction
万方数据
维普
