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RIGHT TO BE FORGOTTEN IN INDIA



  May 09, 2024

RIGHT TO BE FORGOTTEN IN INDIA



Q1: What is the 'Right to be Forgotten'?

A1: The 'Right to be Forgotten' refers to the ability of individuals to have their personal data erased from certain digital records so that they are no longer publicly accessible. This right is aimed at protecting individuals' privacy, especially when the information is no longer necessary or relevant.

Q2: Is the Right to be Forgotten recognized under Indian law?

A2: Yes, the Right to be Forgotten is recognized under Indian law, particularly as a part of the broader right to informational privacy. This has been affirmed in judgments by Indian courts, including the Karnataka High Court, and is also acknowledged in the Digital Personal Data Protection Act, 2023.

Q3: How does the Right to be Forgotten relate to the Indian Constitution?

A3: The Right to be Forgotten in India is derived from the right to informational privacy, which is considered a facet of the right to life and personal dignity under Article 21 of the Constitution. This was emphasized by the Supreme Court in the landmark judgment of K.S. Puttaswamy v. Union of India.

Q4: What legal precedents support the Right to be Forgotten in India?

A4: The Karnataka High Court's judgment in the case of X v. The Registrar General, High Court of Karnataka & Ors is a significant precedent where the court recognized the Right to be Forgotten as part of the right to informational privacy. The Supreme Court's judgment in K.S. Puttaswamy v. Union of India also laid down foundational principles regarding privacy that support this right.

Q5: What does the Digital Personal Data Protection Act, 2023 say about the Right to be Forgotten?

A5: The Digital Personal Data Protection Act, 2023 includes provisions that allow individuals to request the erasure of their personal data. This legislative framework provides a legal basis for enforcing the Right to be Forgotten, enhancing individuals' control over their personal information in the digital space.

Q6: Can anyone request to be forgotten under Indian law?

A6: Individuals can request to be forgotten, but such requests are subject to certain conditions and legal scrutiny. The courts or relevant authorities assess factors such as the relevance of the information, the right to freedom of information, public interest, and the individual’s privacy rights before deciding on such requests.

Q7: What impact does the Right to be Forgotten have on public records and digital platforms?

A7: The Right to be Forgotten can lead to the redaction or deletion of personal information from public records and digital platforms, especially when the information is deemed irrelevant or its continued availability infringes on personal privacy. However, this right must be balanced against other public interests and rights, such as the right to information.

These FAQs provide a comprehensive overview of the Right to be Forgotten as it applies in India, reflecting its legal recognition and practical implications for personal privacy in the digital age.


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