05-August-2024-Special-Article

THE RIGHT TO BE FORGOTTEN IN INDIA

The “Right to Be Forgotten” (RTBF) pertains to an individual’s ability to remove their personal data from digital platforms when it infringes on their privacy.

While this concept is well-established in various countries, India currently lacks a specific legal framework for it.

The Supreme Court of India is set to address this issue, which could reshape the understanding and implementation of this right within the country.

About Right to Be Forgotten

• Definition: The Right to Be Forgotten allows individuals to request the removal of their personal data from online platforms if it is outdated, irrelevant, or harmful.
• European Context: This right was established by the European Court of Justice in 2014, following the “Google Spain case”. The court mandated that search engines remove data that is no longer relevant or excessive over time.
• Global Adoption: Several countries have implemented similar laws. For instance, Canada and California have provisions for individuals to delete personal information from digital records.

Current Status in India

• Lack of Statutory Framework: India does not yet have a specific law for the Right to Be Forgotten. However, privacy and digital rights are addressed through various means.
• Judicial Recognition: In 2017, the Supreme Court recognized privacy as a fundamental right in the case of Justice K.S. Puttaswamy vs. Union of India. This includes a limited form of the Right to Be Forgotten.
• Digital Personal Data Protection Act, 2023: This Act provides for the right to data erasure, though its application to court records and public data is unclear.
• Information Technology Rules, 2021: These rules require intermediaries to remove or block access to content that violates privacy within 24 hours of a complaint.

Judicial Precedents

• Rajagopal vs. State of Tamil Nadu, 1994: This case addressed the “right to be let alone” but excluded public records from this right.
• Dharamraj Bhanushankar Dave vs. State of Gujarat, 2017: The Gujarat High Court ruled against removing acquittal details from public records.
• Orissa HC (2020): The court stressed the need for clear legal guidelines on the Right to Be Forgotten.
• Delhi HC (2021): Allowed removal of details from search results in a criminal case to protect the petitioner’s social and professional life.
• Supreme Court Order (July 2022): Directed the removal of personal details of a couple involved in a marital dispute from search engines.
• Kerala High Court (December 2023): Ruled that the Right to Be Forgotten cannot be applied to ongoing court cases, suggesting the need for legislative clarity.
• Himachal Pradesh High Court (July 2024): Ordered the redaction of names in a rape case, noting that acquitted individuals should not carry the stigma of accusations.

Challenges of Inconsistent Judicial Approaches

• Lack of Uniformity: Varied rulings by different courts create confusion and legal uncertainty regarding the Right to Be Forgotten.
• Privacy vs. Public Interest: Balancing individual privacy with open justice and public access to information remains challenging.
• Impact on Public Records: Courts face difficulties in protecting privacy while maintaining the legitimacy of public records.
• Need for Legislative Clarity: The absence of a clear legal framework leads to inconsistent application and enforcement of the right.
• Potential for Overreach: Differing judicial approaches may lead to concerns about overreach and the integrity of digital records.
• Balancing Rights: Establishing clear guidelines to balance the Right to Be Forgotten with freedom of speech and the Right to Information Act, 2005 is necessary.
• Technical Challenges: Enforcing the Right to Be Forgotten across digital platforms poses difficulties due to data replication and compliance issues.

Arguments for Adopting the Right to Be Forgotten

• Control Over Personal Information: Individuals should have control over their personal data and digital identity.
• Mitigating Digital Damage: The right helps mitigate long-term negative effects of outdated or irrelevant personal information.
• Privacy Protection: Ensures individuals are not unjustly judged based on outdated or unlawfully disclosed information.

Way Forward

• Legislative Framework: Develop a comprehensive data protection law that includes the Right to Be Forgotten, with clear criteria and an independent authority for enforcement.
• Preventing Overreach: Define clear limitations and oversight mechanisms to prevent misuse of the right.
• Industry Self-Regulation: Encourage responsible data handling practices and invest in solutions for data deletion and anonymization.
• Public Awareness: Promote understanding of data privacy rights and responsible online behavior.

Conclusion

The Right to Be Forgotten is increasingly significant in privacy discussions. In India, the lack of specific legislation necessitates judicial intervention and future legislative efforts to provide a clear and consistent framework for this right.

Mains Question:

1. Discuss the implications of adopting the “Right to Be Forgotten” in India, considering its impact on privacy, public records, and freedom of expression. (150 WORDS)