Author: Heer Joshi, Faculty of Law, GLS University
To the Point
Every day, over 400 million terabytes of data is generated on the internet. Most of this data stays on the internet forever. In an era where making such details public can harm someone, it becomes important to regulate it. Right to be forgotten is one such legal tool that can help us in doing so.
Abstract
One such right that is guaranteed to all the citizens of India is the right to be forgotten. This right allows the individual to remove any piece of data regarding him on the internet. Not only is this right applicable to the data available on the Internet but it can also be extended to legal documents and records as well. Any individual who possesses this right can request to erase their personal details, and it shall be done following a proper legal procedure.
In today’s world where the prevalence of the Internet has increased tenfold compared to what it was twenty years ago, the presence of such a right becomes a necessity. The right to be forgotten makes sure that the privacy of an individual is not violated in any way and he/she can live their life with dignity and utmost respect.
This right can be exercised in cases where the name of the rape victim has been revealed and needs to be taken down, because it is violating her right to live with dignity and respect. In many cases where an individual has completed his sentence and has been rehabilitated, he/she can request their data to be taken off the record off the internet so that he can start a new life and find a new job without the troubles of his past haunting him. Thus, it emerges as a powerful tool in encouraging the model of Restorative Justice followed by our country.
Use of Legal Jargon
The right to be forgotten was first recognised in the French jurisprudence where it was called “le droit a l’oubli” which means the right an individual has to request the deletion or removal of their personal data from online search results and databases.
Further, this right was used by the European court of Justice in the case of Google Spain SL and Google Inc. v Agencia Espanola de Proteccion de Datos (AEPD) and Mario Costeja Gonzalez. The case of Mario Costeja Gonzalez is a landmark case since this is where the right to be forgotten was recognised for the first time by the European Court of Justice and this judgement has acted as a benchmark for establishing data protection bills in countries around the world, which includes India as well.
The Proof
Since its inception, the internet has emerged as a platform that is flourishing more and more as each day goes by. No person is devoid of the joys that the internet can bring them, mainly because of how accessible it is to the general public. You can post whatever you want on the internet, and it doesn’t cost you money. It doesn’t ask you your social status, or your popularity. You can simply exist as a user where no conditions are applied in order for you to use this platform.
However, with the immense ease in usage and accessibility, the internet has its own drawbacks. One such drawback is the prevalence of digital footprints. The term digital footprints refers to the remnants that are left behind after the usage of something on the internet. While using the internet, what an individual leaves behind are traces of data that act as remnants which determine its usage. These are known as digital footprints of the individual. It is inevitable for an individual to not leave traces of data while using the internet and therefore, exists everywhere. If you have ever used the internet even briefly, it indicates that you have a digital footprint.
It is often said that whatever you post on the internet stays there forever even if you take it down. Even if the original author takes it down, copies of the same post could have been by various users. Even though this phenomenon is more prevalent in terms of public figures and celebrities, Ordinary people who possess a public account can also face a similar thing.
Posting stories and copies being made of it is not the only way through which digital footprint exists. There is a myriad of other ways that can create a digital footprint. For example, subscribing to a newsletter online, leaving a review of a product, or even shopping online. Something as miniscule as leaving a review can be used to trace back to you. Many times, we accept Cookies on a website without knowing what it means. These same cookies are used to remember your information, and that data may be sold to someone. Knowingly or unknowingly, we create a digital footprint almost every day.
Case Laws
Sri Vasunathan vs. Registrar General: The right to be forgotten was given appropriate attention in India for the first time in the case of Sri Vasunathan vs Registrar General wherein the court recognised the need to maintain privacy in certain complex and delicate cases where the status and character of the person are called into question. The court observed that similar laws are applicable in many countries around the world to deal with sensitive cases and utilised this observation in their judgement. Further, this right was considered as a part of article 21 through various judicial pronouncements over time.
KS Puttaswamy vs Union of India: In this case, it was held that right to privacy falls within the interpretations of Article 21 and is considered a fundamental right under the Indian Constitution. Article 21 of the Indian Constitution includes the right to life and personal liberty. According to this right, every individual has a right to live with dignity and respect, and is free to make their own decisions. Unless and until it is a procedure established by law, no individual can violate this right. Thus, right to privacy is enjoyed by every citizen of India according to which every individual has a right to have control over their personal life, information and choices without any unwanted interference from any external authority.
Although right to be forgotten is not explicitly considered as a fundamental right, various scholars and critics have argued that it is included within the ambit of right to privacy which is a recognised fundamental right. Even though the right has been recognised in previous landmark judgements, no judicial interpretations have been done to recognise it as a fundamental right yet.
Google Spain SL and Google Inc. v Agencia Espanola de Proteccion de Datos (AEPD) and Mario Costeja Gonzalez: The right to be forgotten was recognised in this case for the first time by the European Court. Right of the individuals to request the removal of links from anywhere on the internet was upheld by the court. This acted as a landmark judgement in the field of data protection law worldwide, including India.
Conclusion
The only thing that is consistent in a person’s life is constant learning that continues for a lifetime. It is possible that an individual might not believe in the same ideals and possess the same morals as they did a few years ago. There might be situations wherein a person has posted something controversial on their social media during their teenage years when they were not as knowledgeable, and such statements may be used against the individual which is unfair least to say. The person may get fired from their job due to the statement that they made 10-20 years ago. Thus, digital footprint gravely affects the right to be forgotten of an individual and also affect the right of a person to live with dignity and mutual respect in society. Thus, digital footprints can be proven as harmful to an individual in such case.
In the fast paced world of social media today, it is important to be mindful of even the littlest of information that we are putting out on the such platforms. The internet usage has skyrocketed in the past few years is only going to increase even more from this point onwards. Digital Footprint subsequently follows alongside this usage and the users have no option but to succumb to it. The least we can do as a user is to be vigilant of all the data that we are putting out on the internet. Even an act as petty as Accepting only necessary can help in reduction of our footprints and protecting our data. Moreover, as the digital space flourishes, the government needs to make stricter acts and introduce provision which can help curb this problem while simultaneously protecting our rights. Only through vigilance, responsible digital habits, and stronger legal safeguards can we reclaim control over our online presence and ensure that our right to be forgotten is more than just an illusion.
FAQS
Q1: What is the Right to Be Forgotten?
The Right to be Forgotten allows an individual to remove any data concerning them off public record, including the internet and legal documents, following a proper legal procedure.
Q2: Is Right to be Forgotten a Fundamental Right in India?
It is not explicitly recognised as a fundamental right yet, but it is argued to fall under the fundamental right to privacy as per Article 21.
Q3: Which case introduced this right in India?
The right to be forgotten was recognised in the case of Sri Vasunathan vs Registrar General for the first time in India. It was later connected to the Justice KS Puttaswamy vs Union of India judgment on privacy.
Q4: Can data be completely removed from the internet?
Not always. Even if original data is deleted, copies may remain elsewhere. That’s what makes digital footprints so tricky and persistent.
Q5: Does the Right to be Forgotten help rape survivors and convicts?
Yes. It protects the dignity of rape survivors and rehabilitated convicts by allowing them to request removal of sensitive data to lead a dignified life.
Q6: Are there any global origins of this right?
Yes, the right was first acknowledged in French jurisprudence and was later established in the landmark Google Spain SL and Google Inc. v AEPD and Mario Costeja Gonzalez case by the European Court of Justice.
