Mains Marathon

Approach

• Briefly introduce the "Right to be Forgotten".
• Discuss its constitutional basis and legal status in India.
• Conclude with a judicial remark.

Introduction

The Right to be Forgotten (RTBF) empowers individuals to request removal of their personal data from public platforms, especially when it no longer serves any legitimate purpose. In the digital era, where data is permanent, this right becomes crucial for upholding privacy, reputation, and personal dignity.

Body

Constitutional Basis of RTBF

• Article 21 – Right to Life and Personal Liberty:
  • Recognized in Justice K.S. Puttaswamy v. Union of India (2017).
  • RTBF seen as an extension of the Right to Privacy, which includes informational autonomy.
• Article 19(1)(a) – Freedom of Expression:
  • RTBF may conflict with freedom of speech, especially in cases involving public interest, media, and historical records.
  • Courts emphasize the need for a balance between dignity and transparency.

Legal and Judicial Status in India

• Lack of Specific Legislation:
  • No stand-alone RTBF law in India.
  • The Digital Personal Data Protection Act, 2023 allows individuals to request erasure of personal data, but does not explicitly recognize RTBF as a right.
• Judicial Developments:
  • XYZ v. Registrar General (Delhi HC, 2020): Directed redaction of names in acquittal cases.
  • Jorawar Singh Mundy v. Union of India (2021): RTBF invoked to protect a foreign national’s dignity.
  • Orissa HC (2023): Recognized RTBF for a woman acquitted of criminal charges, ordering removal of personal details from digital platforms.
  • HP High Court (July 2024): Ordered removal of names of both accused and victim in a rape case, stating acquitted persons shouldn't carry stigma.

Challenges and Concerns:

• Privacy vs. Public Interest: Courts struggle to balance privacy with open justice and public access.
• Legislative Gap: Absence of a clear legal framework leads to inconsistent enforcement.
• Risk of Overreach: Varied rulings may pressure private platforms to remove content, affecting digital record accuracy.
• Rights Conflict: Need to balance the Right to Be Forgotten with free speech and the RTI Act.
• Enforcement Hurdles: Cross-platform compliance and data replication make enforcement difficult.

Conclusion

RTBF is a necessary safeguard for individual dignity in a digitally permanent world. While India’s courts have made progressive strides, the absence of a clear legislative framework limits enforcement.As Justice D.Y. Chandrachud observed ,“Privacy is the constitutional core of human dignity.” To uphold this dignity, RTBF must be legislatively codified and balanced with transparency, public interest, and freedom of expression.