INTRODUCTION

In an era where information dissemination occurs in milliseconds, the concept of privacy seems to be a dream.

The internet has transformed into a vast repository of personal data, making it difficult for individuals to control their digital footprints. The Right to be Forgotten (RTBF) emerges as a safeguard to protect individuals' privacy by allowing them to request the removal of specific personal data from search engines and online platforms when such information is inaccurate, inadequate, irrelevant, or excessive under particular conditions.

Right to be forgotten, also referred to as Right to be Erasure means an individual can claim for deletion of specific personal data available on the search engines or other online platforms which are inadequate, inaccurate, irrelevant or excessive within specific conditions.

The evolution of this right traces back to 1998, when a Spaniard faced some financial difficulties and wanted to auction his property. The advertisement was published in a newspaper and later found its way onto the internet, since then he has never been forgotten. Even after his financial crunches were over, online search results continued to portray him bankrupt, tarnishing his reputation. Seeking redress, he approached the European Court of Justice (ECJ), the court ruled against search engine, affirming that residents of the European Union (EU) could request the removal of certain personal information from search engines, subject to restrictions. This landmark decision gave birth to the concept of the Right to be Forgotten.

In India, case of Justice K.S. Puttaswamy v. Union of India opened the gateway to the debate over the Right to be Forgotten. The Supreme Court of India recognized Right to Privacy as a Fundamental Right under the Constitution, which implicitly recognize the Right to be Forgotten. However, the Court clarified that this right is not absolute and should be applied in cases where personal data is no longer relevant or serves no legitimate public interest.

INDIA’S STAND ON RIGHT TO BE FORGOTTEN: LEGAL PERSPECTIVE AND DEVELOPMENTS.

India does not have any codified law on the Right to be Forgotten. But the concept has received judicial recognition through various judgments. The Supreme Court’s ruling in K.S. Puttaswamy v. Union of India (2017) was a pivotal moment, establishing the Right to Privacy under Article 21 of the Constitution of India and opening avenues for RTBF.

The roots of Right to Privacy in India can be traced back to Rajagopal v. State of Tamil Nadu (1994), where the Supreme Court upheld the Right to Be Let Alone, but subject to exceptions for public documents and judicial records that serve legitimate public interest.

Several High Courts and Supreme Court have also weighed in on the matter:

Additionally, Information Technology Rules, 2021 and the Digital Personal Data Protection Act, 2023 provide limited recognition of RTBF. Under these provisions, intermediaries must remove content violating privacy rights within 24 hours, and individuals may seek data erasure where applicable.

GLOBAL OUTLOOK ON DELETING THE UNFORGETTABLE MEMORIES OF THE INTERNET

Legal adoption of the Right to be Forgotten across Globe:

RIGHT TO BE FORGOTTEN – THE CHALLENGES AHEAD

Despite its growing recognition, RTBF faces significant legal, technical, and ethical challenges:

THE WAY FORWARD

CONCLUSION

In the digital era where the footprint of the internet is traced everywhere, the Right to be Forgotten is the need of this hour. As concerns over data protection continue to rise, RTBF has emerged as a significant legal development. However, its implementation must strike a balance between privacy rights, public interest, and freedom of expression. The evolving legal discourse surrounding RTBF underscores its importance in shaping the future of digital privacy, and ongoing efforts aim to integrate it into a well-defined statutory framework. While the internet’s memory may never be fully erased, RTBF strives to ensure that individuals can regain control over their personal narratives in the digital world.

Author: Mr. Vipul Maheshwari, Managing Partner