Right to be Forgotten: An Overview with Focus on Indian Context

(General Studies II – Polity Section – Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.)  

• The Right to be Forgotten (RTBF) is a concept in data protection that allows individuals to request the removal of their personal information from public domains, particularly internet searches and databases.
• It’s an extension of privacy rights, aiming to give individuals control over their digital footprint.
• In India, the RTBF is emerging as a significant legal and ethical issue. While not explicitly defined in Indian law, it has been the subject of several court cases and is increasingly recognized as an important aspect of privacy rights.

Need for the Right to be Forgotten –

1. Digital Permanence: Information on the internet can persist indefinitely, potentially causing long-term harm to an individual’s reputation or opportunities.
2. Privacy Protection: As personal data becomes more valuable and vulnerable, individuals need greater control over their information.
3. Second Chances: The RTBF allows people to move past previous mistakes or outdated information that no longer reflects their current situation.
4. Data Autonomy: It empowers individuals to have a say in how their personal data is used and displayed online.

Cases and Progress in India –

1. Puttaswamy Judgment (2017): The Supreme Court recognized the right to privacy as a fundamental right, with Justice S.K. Kaul mentioning RTBF in his concurring opinion.
2. Dharamraj Bhanushankar Dave vs State of Gujarat (2017): The Gujarat High Court refused to remove details of an acquittal, stating court orders should remain in the public domain.
3. Karnataka High Court Case (2017): The court protected a petitioner’s name in an annulment case, citing trends in Western countries.
4. Jorawar Singh Mundy Case (2021): The Delhi High Court allowed the removal of a ruling from search results in a criminal case where the petitioner was acquitted.
5. Orissa High Court (2020): In a case involving “revenge porn,” the court called for a widespread debate on the RTBF.
6. Supreme Court Case (2023): The Supreme Court agreed to hear a case challenging a Madras High Court ruling, which could potentially shape the contours of RTBF in India.

Global Framework –

1. European Union: The RTBF is enshrined in the General Data Protection Regulation (GDPR) under Article 17 as the “right to erasure.”
2. United States: No comprehensive federal law exists, but some states like California have implemented similar rights.
3. Argentina: Recognized RTBF through court decisions.
4. Russia: Implemented a form of RTBF in its data protection laws.

Challenges Involved –

1. Balancing Rights: RTBF often conflicts with freedom of expression and the public’s right to information.
2. Technical Feasibility: Complete removal of information from the internet is challenging due to data replication and caching.
3. Jurisdiction Issues: The global nature of the internet complicates enforcement across different legal jurisdictions.
4. Defining Criteria: Establishing clear guidelines for what information qualifies for removal is complex.
5. Impact on Historical Records: There are concerns about the potential loss of valuable historical and archival information.

The RTBF represents a crucial aspect of privacy rights in the digital age. In India, while not explicitly defined in law, it is gaining recognition through court judgments and public discourse. The global trend towards recognizing this right suggests that India may need to develop a comprehensive framework to address RTBF. However, any such framework must carefully balance individual privacy rights with the public’s right to information and the practical challenges of implementation in the digital realm.