摘要
Abstract
In the networktimes , many people have already realized the legal value of the right to be forgotten , but when its accomplishment limits the room of freedom of speach , the controversy or even the negation will arise .Although there are many obstacles in the process of legitimizing the right to be forgotten , the freedom of speach should not be one of them . They can reach a state of balance through compatible with each other or adjust themselves to adapt to another .The propor-tion principle and the specific standard provided by the reports of the independent experts of Google will play an important role in balancing the two of them:the principle of proportionality especially the principle of profit and loss balance , which is one of the principle of proportionality , can help us to judge whether it is necessary to restrict the right to be forgotten for the space of free speach reason;the public role attribute owned by the info-owner and the private degree of information is im-portant standards that need to be considered when weight a specific case , it can help us to make a choice between the right to be forgotten and the freedom of speach .There is a flexible criteria used for determining the private degree of information , which is provided by the "contextual integrity theory"-one theory that surpassing the duality division between public and private, and the "privacy preference digital label" can enrich and rationalize the subjective connotation of the reasonable expectation of privacy , this kind of criteria ,rigid but flexible , integrating subjectivity and objectivity , makes it more clear to judge the private level of information .关键词
被遗忘权/言论自由/搜索引擎/利益平衡Key words
the Right to be Forgotten/the Freedom of Speech/search engine/balance of interests分类
社会科学
