Right To Be Forgotten India

In the digital age, where personal information can be accessed with just a few clicks, the concept of the Right To Be Forgotten India has emerged as a crucial legal tool to safeguard individual privacy and reputation. This right empowers individuals to request the removal of personal information from the public domain if it no longer serves its intended purpose or causes harm to their dignity and reputation.

While globally recognized and legally enforced in many jurisdictions, the status of the Right To Be Forgotten in India has evolved through judicial interpretations and legislative efforts. This blog explores the origins, legal framework, and significance of this right, focusing on its application in the Indian context

What Is Right To Be Forgotten?

We live in a virtual world where Google, Instagram, and Facebook dominate our lives. Whenever we post something on social media or search for something on the internet, our data is stored by these tech giants. This data is stored forever on these websites. So, in no time, people started worrying about the availability of their personal information in the public domain. This gave rise to the right to be forgotten. According to it, individuals have the right to erase information related to them from the public domain, citing that it may damage their reputation or family.

Evolution Of Right To Be Forgotten

The right to be forgotten emerged from the case of Google Spain vs. AEPD (2014). In this case, the court ordered Google and Yahoo to remove some obscene links from their sites after the petitioner stated that it violated the right to dignity and reputation. The European Court recognized it in this case. This was significant as it gave people the right to ask Google to respect their privacy. The General Data Protection Regulation (GDPR) gave legal recognition to the right to be forgotten through Article 17. The right to be forgotten in India was roughly on paper through case laws. However, it was legally accepted through the Personal Data Protection Bill 2019, which later became the Digital Personal Data Protection Act of 2023.

Who Has The Right To Be Forgotten

This right applies to any individual who thinks that some personal information related to him may affect his reputation or cause harm to him in any way. So, there is no restriction on its applicability. However, information related to people who are public figures cannot be removed unless they prove that the information is irrelevant to the public.

Indian Law On Right To Be Forgotten

Courts first recognized this right in India in cases like K.S. Puttaswamy vs. Union of India (2017). But the old laws were not amended for it. In 2019, the Personal Data Protection Bill was introduced. It recognized the right to be forgotten. However, this right was removed when it was converted to the Digital Personal Data Protection Act of 2023. On whose recommendation the act was framed, the Srikrishna committee observed that this right is important, as sensitive personal data, which may affect life, should be removed. The only way to use this right in India is through case laws where the judiciary has accepted the right.

Also Read : Data Protection Laws in India

International Laws On the Right To Be Forgotten

The first law to recognize the right to be forgotten was Article 17 of the European Union Data Directives. It provides that every individual can ask search engines to remove personal information. Personal information is any information related to that person, like age, marital status, past events, etc. It doesn't include details that are required for the public, like in cases of public figures or politicians. Their data cannot be removed unless it is established to be false or unnecessary.

The case of Costeja (2014) is a case in point. He filed a case stating that when he searched his name on Google, a link to an old newspaper article about his debts destroyed his reputation. It was held that all search engines should be careful about what they retain on their sites. Individuals have the right to request the erasure of personal data if it is no longer relevant.

Other countries, such as Canada, the United Kingdom, Argentina, and Japan, have laws that legally recognize the right to be forgotten. Recently, California passed the DELETE Act, which allows individuals to erase their personal information.

Importance Of Right To Be Forgotten

The right to be forgotten is extremely crucial in today's modern lifestyle. It serves the following purposes:

1. Protects personal data: It allows individuals to request the removal of their old data, which can be easily accessed and misused by others.
2. Protects reputation: Removing data that is no longer necessary also keeps your reputation and goodwill intact. For example, details of a person's past convictions can affect his family's reputation for years.
3. Data minimization: All the data processing units should know this right. When the data collected and processed is limited, it minimizes data, which is an important principle of GDPR.
4. Protects against misinformation: Outdated or incorrect data can lead to misinformation. So, removing old data promptly protects against misinformation.

Is the Right to Be Forgotten a Fundamental Right in India?

The Right to Be Forgotten is not explicitly recognized as a fundamental right in India. However, judicial interpretations have acknowledged its existence as an integral part of the Right to Privacy, which is a fundamental right under Article 21 of the Indian Constitution.

The landmark judgment in Justice K.S. Puttaswamy vs. Union of India (2017) by the Supreme Court of India laid the foundation for the Right to Privacy as a constitutionally protected fundamental right. The court observed that every individual has the right to control their personal information, and its unnecessary presence in the public domain could violate their privacy and dignity. This judgment indirectly supported the concept of the Right to Be Forgotten, viewing it as a subset of the Right to Privacy.

Subsequent judicial decisions, such as Kartick Theodore vs. Madras High Court (2021) and S.K. vs. Union of India (2023), further strengthened this interpretation. These rulings emphasized that individuals have the right to request the removal of personal information from public records or online platforms if it harms their reputation or no longer serves a legitimate purpose.

Critical Analysis Of Right To Be Forgotten

The right to be forgotten is now widely recognized, but the issue is that different jurisdictions and courts analyze it differently. There is no uniform interpretation of the law. Now, in India, the law does not explicitly support this right. However, courts have interpreted it as a right under Article 21 of the Constitution. The following are some restrictions on the right to be forgotten:

1. Interpretation of personal data: The term personal data can be interpreted extensively. Some courts may include addresses, appearances, and mobile no. of some people as personal data, while data of celebrities may not be included in it. However, they also have a right to privacy and reputation and thus deserve to remove such data from the public domain.
2. Affects the right to information: Many people argue that we have a fundamental right to information, and no information that was once publicly available can be removed. So, the right to information and the right to be forgotten may cross in such situations.
3. Issue of transparency: Removing some old information affects the transparency and accountability of individuals.
4. Meaning of irrelevant data: The irrelevant or unnecessary data can be removed through this right. But what's irrelevant has never been decided. There are no strict rules or standards as to what is irrelevant.

Case Laws Related To Right To Be Forgotten

Here are some relevant case laws around the right to be forgotten:

S.K. vs. Union of India (2023)

The facts are that an FIR was filed against the petitioner, but he was acquitted of all charges. Therefore, the information related to it should be removed from the public, as it affected his life and reputation. The court held that his name should be removed from websites to protect his reputation.

Vyash K.G. vs. Union of India (2022)

The Kerala High Court stated that the right to be forgotten cannot be prioritized against the principle of open justice and public interest. Therefore, what is important cannot be removed from the public domain.

Kartick Theodore vs. Madras High Court (2021)

The Madras High Court held that every individual has a right to remove his name from court rulings that are in the public domain and affect his reputation. The court is responsible for protecting its people's privacy and reputation until a law is made to protect them.

Justice KS Puttaswamy vs. Union of India (2017)

The Supreme Court interpreted the right to be forgotten as a part of Article 21 of the Constitution. It was held to be a part of the right to privacy.

Conclusion

The Right to be Forgotten In India is a crucial legal principle that seeks to protect individuals from the long-lasting negative consequences of outdated, irrelevant, or harmful personal data being available online. It recognizes that personal information should not remain permanently accessible if it can damage someone's reputation or well-being. While this right has gained significant traction internationally, especially through the General Data Protection Regulation (GDPR) in the European Union, its implementation varies across jurisdictions. In India, the concept has been recognized by the courts, but it remains a complex legal issue without explicit, unified legislative support. As technology continues to evolve and the collection of personal data becomes more widespread, the Right to be Forgotten will play an increasingly important role in balancing individual privacy with the right to public access to information. The challenge remains in striking a balance between privacy, freedom of expression, and the public’s right to know.

FAQs On Right to be Forgotten In India

Here are some frequently asked questions (FAQs) about the Right to be Forgotten to help clarify key aspects of this evolving legal concept.

Q1.What is the Right to be Forgotten?

The Right to be Forgotten allows individuals to request the removal of personal information from the public domain, particularly from search engines and websites, if the information is outdated, irrelevant, or harmful to their reputation.

Q2.Who can apply for the Right to be Forgotten?

Any individual who believes that certain personal information is detrimental to their reputation, privacy, or well-being can apply for the right to have it erased, except for public figures where the information may be deemed relevant to the public interest.

Q3.How is the Right to be Forgotten implemented in India?

While India does not have explicit legislation supporting the Right to be Forgotten, courts have interpreted it as part of the right to privacy under Article 21 of the Indian Constitution. It is often applied through case law, as seen in various judgments.

Q4.Can public figures exercise the Right to be Forgotten?

Public figures generally cannot invoke the Right to be Forgotten to remove information that is deemed relevant to their public role. However, if the information is irrelevant, outdated, or false, they may still have grounds to request its removal.

Q5.What challenges are associated with the Right to be Forgotten?

Challenges include the difficulty of defining what constitutes "irrelevant" data, the potential clash with the right to information, and concerns over the transparency and accountability of public access to information. Additionally, there is no uniform global interpretation of the right, leading to legal complexities across jurisdictions.

Ref:

https://www.drishtiias.com/daily-updates/daily-news-analysis/right-to-be-forgotten-7

https://blog.ipleaders.in/right-to-be-forgotten-3/

https://chambers.com/legal-trends/the-right-to-be-forgotten-in-indian-law

https://articles.manupatra.com/article-details/Right-to-be-forgotten

https://nliulawreview.nliu.ac.in/wp-content/uploads/2022/01/Volume-VII-17-33.pdf