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ARTICLE · 13 DECEMBER 2022

Market Intelligence Thought Leadership Award Winner

Right To Be Forgotten: An Analysis Of The Indian Position

The Right to be Forgotten or the right to be left alone is a right that emerges from the Right to Privacy. It, essentially, means that a person has the right to get their personal information...

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Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India

The Right to be Forgotten or the right to be left alone is a right that emerges from the Right to Privacy. It, essentially, means that a person has the right to get their personal information removed from public resources if they wish so. This right was recently established in the case of Google v Agencia Espanola de Proteccion de Datos, Costeja Gonzalez.1 In the case, the European Court of Justice ruled that the citizens of the European Union have the right to get their personal information removed from commercial search firms if that information is no longer relevant. The right to privacy was held onto a higher pedestal that the search engine's model for profit. However, it is to be noted that the right to be forgotten was not deemed to be an absolute right and would not be entertained if the

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