Right to be forgotten

• IAS NEXT, Lucknow
• 01, Apr 2022

Reference News:-

In the absence of a central law, several local courts have ruled recently that the right to be forgotten, or to be left alone, is inherent to the right to privacy, which was recognised as a fundamental right by India’s Supreme Court in 2017 (Puttaswamy Judgment).

• It has become a hot-button issue worldwide with the explosive growth in social media and other online platforms, but few countries have legislation that enshrines it.
• A long-awaited data protection bill addresses the right to be forgotten.

Background:

In December, the Centre told the Delhi High Court that “right to be forgotten” is part of the fundamental right to privacy, but added it has no significant role to play in the matter.

• Petitions across courts have been seeking enforcement of this “right” — a legal principle that is not yet backed by statute in India.

What is the right to be forgotten?

It allows a person to seek deletion of private information from the Internet. The concept has found recognition in some jurisdictions abroad, particularly the European Union.

What is the ‘Right to be Forgotten’ in the Indian context?

• The Right to be Forgotten falls under the purview of an individual’s right to privacy, which is governed by the Personal Data Protection Bill that is yet to be passed by Parliament.
• In 2017, the Right to Privacy was declared a fundamental right (under Article 21) by the Supreme Court in its landmark verdict (Puttusw
  amy case).
• The court said at the time that “the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution”.

Need for its recognition:

At least eight petitions are pending before Delhi High Court seeking removal of private information from the Internet, court records of previous convictions and proceedings, and news reports of past events. Only a few have been able to get that relief from courts so far.

Which countries have such laws?

• European Union’s General Data Protection Regulation (GDPR).
• Russia in 2015 enacted a law that allows users to force a search engine to remove links to personal information on grounds of irrelevancy, inaccuracy and violation of law.
• The right to be forgotten is also recognised to some extent in Turkey and Siberia, while courts in Spain and England have ruled on the subject.