Abstract: The right to be forgotten is a right to cope with the threat caused by modern IT, and also an expansion of traditional right of information deletion. In the era of big data, the problem of the right to be forgotten has become more pressing. As for system constitution, personal information subject is the subject of the right to be forgotten, the subject of duty is the information controller, and the object of right is the specific personal network information. Due to different understanding of the right of privacy and the freedom of expression, the European Union and the United States have different views on the theoretical basis and the protection path of the right to be forgotten. Based on the reality of China, the existing judicial decisions and the perspective of "personality interest", the right to be forgotten should be identified as the right of personal information rather than the right of privacy. Therefore, we should make The Protection of Personal Information Law based on the existing Tort Liability Law and other related laws as well as the foreseeable Civil Law, so that we can completely localize the way to protect the right to be forgotten.

Key words: right to be forgotten, right of privacy, right of personal information, freedom of expression