Introduction
Everyone would face insults and humiliations in life, But nobody wants to remember those. We all try to forget it and motivate ourselves to move forward, while the world never forgets it irrespective of our growth and achievement. Right to be Forgotten means the right to get one’s information removed from internet or any public platforms. This right was first established by European Union in 2014 and enforced in 2018 through the General Data Protection Regulation which provides the right to individuals to delete or erase their personal information. Till date there is no law in India to deal with the right to be forgotten specifically.
Right to be Forgotten in India
An attempt was made in India to bring the ‘right to be forgotten’. Ravi shankar prasad, ministry of Electronics and Information Technology, introduced The Personal Data Protection Bill to the Lok Sabha on 11th december 2019. The purpose of the Personal Data Protection Bill is to protect an individual’s privacy relating to their personal data. Under the Personal Data Protection Bill, Chapter 5 provides about Right of Data Principal and clause 20 mentions the Right to be Forgotten;
Clause 20 (l) states that: “Data principal (the person to whom the data is related) shall have the right to restrict or prevent the continuing disclosure of his personal data by data fiduciary”.
The users can delink, delete, or correct an individual’s personal information under this right but it is yet to be passed in the parliament.
The right to be forgotten was first raised in India in the case of Dharamraj Bhanushankar Dave v. State of Gujarat & Ors (2015) before the Gujarat High Court. The petitioner was accused of criminal conspiracy, murder, and kidnapping. After he was acquitted by the Court, he requested that the respondent must be barred from publishing the non-reportable judgement on the internet, as it could be damaging to the petitioner’s personal and professional life- leading to defamation. However, the court did not recognize the existence of the ‘Right to be Forgotten’ in India.
Supreme court in the case of Justice K.S. Puttaswamy (Retd.) and Anr. vs Union of India, held Right to Privacy as a fundamental right as it will be included in the Right to Life enshrined under Article 21 of the Constitution. The aim of Article 21 is that No person shall be deprived on his life or personal liberty expect according to a procedure established by law. Court observed that: “right of an individual to exercise control over his personal data and to be able to control his/her own life would also encompass his right to control his existence on the Internet.”
In the case of Jorawar Singh Mundy vs. Union of India (W.P. (C) 3918/ 2020), Single Judge bench comprising Justice Pratibha M. Singh held that, on the one hand, there is petitioners’ right to privacy and on the other hand, the public’s right to information & the preservation of transparency in judicial records. The court prioritizing the petitioner’s right to privacy, ordered the respondents to delete access to the judgement from their websites.
In Zulfiqar Ahman Khan v. M/S Quintillion Business Media Pvt. Ltd. And others, High Court of Delhi recognized the Right to be Forgotten and the right to be left alone as the integral part of an individual’s existence.
There are certain challenges associated with the implementation of Right to be Forgotten. It would be a disadvantage for the journalists in providing information and news. This right clearly benefits the individual claiming it, while on the other side it hinders the right of freedom of expression of others who have expressed their opinion through various modes of publication. Thus, Right to be forgotten is a complex right. It has to decide between a person’s Privacy and others freedom of speech and expression.
Conclusion
The right to be forgotten is a subset of the right to privacy, which is a basic right under Article 21 of the Indian Constitution. However, whether the right to be forgotten is a basic right is ambiguous. The “right to be forgotten” being widely significant in present days is a developing right in India. Each one make mistakes remarking their character and everyone deserve the right to be forgotten of that remark once they are exonerated.
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Written by- K R Bhuvanashri
References:
- https://www.legalserviceindia.com/legal/article-7112-right-to-be-forgotten-in-india.html
- https://timesofindia.indiatimes.com/readersblog/myblogpost/is-the-right-to-be-forgotten-a-fundamental-right-52529/
- 2015 SCC OnLine Guj 2019,
- https://main.sci.gov.in/supremecourt/2012/35071/35071_2012_Judgement_26-Sep-2018.pdf
