Author: Sneha Ghosh, 3rd Year, Dept. Of Law, University Of Calcutta
TO THE POINT
Right to be forgotten is a right that gives an individual a power to request a certain authority or authorities to remove his/her personal data. The concept is interconnected with the right to privacy. It secures the removing personal data of an individual after a certain period. General Data Protection Regulation (GDPR) governs some guidelines related to it. Therecitals 65 and 66 of Article 17 of General Data Protection Regulation (GDPR) states that one can obtain their personal information from the Comptroller without any delay. It also clarifies that if an information is no longer necessary it should be removed and the respective authority must give attention on the necessary legitimate interests for its growth without creating unnecessary glitches.
USE OF LEGAL JARGON
In the present global era, the use of internet is internet access is ubiquitous. The world is connected through social media platforms and we have access to everything at our home through internet. We are living in an era where our data are all over the internet some of it are confidential and that needs to be controlled. The right to be forgotten mostly reflects on article 21 of the Constitution of India. One’s right to privacy is interlinked with the right to be forgotten. What if the internet refuses to forget? It might affect the consumers as well as the dignity of humankind. The Right to be forgotten found its most eminent articulation in the landmark case of K.S. Puttaswamy and Anr. v. Union of India (2017) 10 SCC 1, establishing the right of privacy as a fundamental right and projecting groundwork of right to erasure. This case has significant importance in the Indian Jurisprudence. There is no specific laws in India regarding this but Section 43A of the Information Technology Act of 2000, explicitly states that sensitive personal data need to be kept secure failure of which will result in compensation. Some consequential changes havebeen adopted to the new DPDP rule 2025,.Rule 8 states data will be automatically removed if it is not being used or needed within three years’ time period. Section 12 of the Act says that a Data Principal can request the erasure of their personal data.
In Prem Shankar Shukla v. Delhi Administration Justice Krishna Iyer, speaking for a three-judge Bench of the Hon’ble supreme court held: “…the guarantee of human dignity, which forms part of our constitutional culture, and the positive provisions of Articles 14, 19 and 21 spring into action when we realize that to manacle man is more than to mortify him; it is to dehumanize him and, therefore, to violate his very personhood, too often using the mask of ‘dangerousness’ and security…”. In Subranshu Raot v. State of Odisha1, the Orissa High Court came to the conclusion that the ‘Right to be forgotten’ works as a remedy whose videos and photos are spread throughout the social media.
THE PROOF
The Hon’ble Supreme Court must decide to which extent, right to be forgotten can be enforced against judicial archives.According to some it is a matter of time. there is no absolute right to be forgotten but the supreme court has recognised the right to be forgotten under Article 21 in many cases. There areno specific laws related to it but it is recognized as a part of Article 21. Its aim to secure the dignity of a human being. This principal is founded on purpose limitation, proportionality and individual autonomy. One can not request of removal of an information which does not directly affect him/her. The right mainly demands the erasure of personal data when legally permissible, de-indexing, delinking and modifying information so that an individual is no longer identifiable.
ABSTRACT
The Right to Be Forgotten is interlinked with the right to privacy and human dignity under Article 21 of the Constitution of India. Everyone’s data are accessible through internet which reflects the growth of networking. Everyone does mistake and should be given a right to move on from past incidents. The doctrine is based on erasure, de-indexing, delinking, anonymisation, or restriction of access to personal information that is no longer necessary and justified in legal domains. This right is not absolute but has its importance in Indian jurisprudence. This can be explicitly traced in Puttaswamy’s case which seta a landmark judgment and emphasises the Indian constitutional framework. Subsequent judicial archives, including Jorawar Singh Mundy v. Union of India, Vysakh K.G. v. Union of India, and Mr. SJ v. Union of India, demonstrate the evolving judicial approach towards protecting individuals from continuing digital dissemination of information. The new DPDP Rules 2025 exclusively protects one’s personal data and a right to remove data which is no longer needed within a stipulated time being. It links with freedom of speech and expression under Article 19(1)(a), the right of access to justice and transparency.
CASE LAWS
There are significant cases which follows the right to be forgotten and creates a standing importance in Indian jurisprudence. These are as follows:
Jorawar Singh Mundy v. UOI & Ors. W.P.(C) 3918 of 2021 & CM APPL. 11767of 2021
Justice Pratibha M. Singh granted interim relief to the petitioner. It granted relief to the victim in protection of his right and dignity. Legal databases were directed to block search engines before the final judgment.
Vysakh K.G. v. UOI, 2022 SCC OnLine Ker 7337
The Hon’ble Kerala High Court granted relief to litigants whose names were published in online sources, holding that the Right To Be Forgotten applies to past (not ongoing) cases, particularly when continued publication causes social or professional harm.
Mr. SJ v. Union of India, W.P. (C) No. 5608 of 2023
The acquitted petitioner struggled to find employment due to online news reports about his alleged involvement in the criminal case. The Hon’ble Delhi High Court ordered Google and media outlets to remove the prejudicial content and anonymize the petitioner’s name from all court records and gave emphasis on the right to privacy includes the right to move on, free from unnecessary reputational harm.
Google Spain SL v. Agencia Española de Protección de Datos (2014)
The Court of Justice of the European Union recognised the right of an individual and directed to remove links to personal information from search engines. The judgment is an important comparative precedent and significantly influenced global discourse.
CONCLUSION
India is developing and adapting modern social norms and taking suggestions from international treaties. The “right to be forgotten” is developing and is in a very infantile stage. It is a very significant right in the modern era that we are currently living in where individual data is available in the public domain where everyone can access to it. Everyone has a past and bad experiences in life that doesn’t necessarily define his purpose in enter life and sometimes they make mistakes. However, after some time has passed and the accused has been exonerated, no one accepts him at the same level as they did before, even if it isn’t because of a crime. Every individual does have a right to control his or her information.
FAQS
Q1. What is the Right to Be Forgotten?
It is the right to remove unnecessary information that is no longer legally permissible and might affect an individual’s personal life and liberty.
Q2. Is RTBF an absolute fundamental right in India?
No. It is subject to competing constitutional rights and statutory limitations.
Q3. Which constitutional provision primarily supports RTBF?
Article 21 supports this but it is a part of it not an absolute right.
Q4. Which right conflicts most directly with RTBF?
Article 19(1)(a), which protects freedom of speech and expression.
Q6. Can court judgments be removed under RTBF?
Not automatically it depends on te circumstances and the decision of the respective judges.
Q7. What is the importance of “Puttaswamy case” here?
It is a landmark precedent that has significance in preserving the right to life and liberty and in providing constitutional foundation.
Q8. What is the significance of the DPDP Act, 2023?
It provides a statutory framework for digital personal-data protection, including mechanisms concerning erasure of personal data
