GS- PAPER- II/ Governance

Context-

• The Supreme Court agreed to hear a case by online legal chronicler (Indian Kanoon), whose outcome will likely shape the contours of the “right to be forgotten”.
• The online portal challenged a Madras HC order, which after reversing a trial court judgment convicting a person of sexual assault charges, had directed the portal to remove the conviction judgment.

What is the right to be forgotten?

• The right to be forgotten can be loosely described as the right to remove one’s digital footprint (from internet searches etc.) where it violets the right to privacy.
• In May 2014, the Court of Justice of the European Union (CJEU), based in Luxembourg and the highest authority on EU law application and interpretation, confirmed the existence of a right to be forgotten.
• Origin– The right to be forgotten originates from the case Google Spain SL, Google Inc. vs. Agencia Española de Protección de Datos, Mario Costeja González (2014). For the first time, this right was formally codified in the General Data Protection Regulation (GDPR), alongside the right to erasure.
• The Court of Justice of the European Union (CJEU) cited Articles 7 (respect for private and family life) and 8 (protection of personal data) of the EU Charter of Fundamental Rights, ruling that search engines must process individual requests to remove data deemed “inadequate, irrelevant, out dated, or excessive in light of the time elapsed.”
• Article 17 of the EU’s General Data Protection Regulation describes the right to erasure.

How is the ‘Right to be Forgotten’ Interpreted in India?

Position in India

• In India, there isn’t a specific law that mandates the right to be forgotten. Nonetheless, this right has been explicitly acknowledged through the Personal Data Protection Bill 2019 and various court decisions.

The Personal Data Protected Bill (PDP, 2019)

• The Bill grants individuals the right to limit or stop the on-going disclosure of their personal data when such data is no longer needed.
• In December 2019, the Personal Data Protection Bill was presented in the Lok Sabha. Its purpose is to establish rules for safeguarding individuals’ personal data.

The Court things- In the Centric 2017 KS Puttaswamy case vs. union of India, the Supreme Court acknowledged that the right to privacy includes an individual’s control over their online presence.

• In a concurring opinion in the Puttaswamy ruling, Justice S.K. Kaul addressed the right to be forgotten.
• He stated that this right “does not imply that every past detail should be erased. Instead, it means that an individual who no longer wishes for their personal data to be processed or stored should be able to remove it from systems when the data is no longer necessary, relevant, or accurate and does not serve a legitimate interest”.

What are judicial precedents in India?

R.Rajagopal vs. State ruled on the issue, 1994 –

• The Supreme Court acknowledged a “right to be let alone,” but noted that this right does not extend to public records like court decisions.
• A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child-bearing and education among other matters.

Dharamraj Bhanushankar Dave vs. State of Gujarat (2017) – The Gujarat High Court refused to remove the details of an acquittal from public records.

{Name Redacted} vs. The Registrar General, the Karnataka HC 2017– The Karnataka High Court protected the petitioner’s identity in a sensitive annulment case.

In 2021, the Delhi High Court permitted the removal of search results related to Jorawar Singh Mundy, an American law student who was acquitted in a drug case. This decision was made to safeguard Mundy’s social life and career.

In 2020, the Orissa High Court called for a broader discussion on the right to be forgotten, emphasizing the practical and technological difficulties involved.

Significance: – The right to be forgotten holds significant importance for several reasons:

• Protect Privacy– The right to be forgotten enables individuals to safeguard their privacy and personal information by giving them the ability to request the removal of their personal data from online platforms or search engines.
• Reduces the Risk of Harm– It helps mitigate the risk of misuse of personal information, such as identity theft or cyber bullying, by allowing individuals to remove sensitive data from public access.
• Supports Freedom of Expression– The right to be forgotten can enhance freedom of expression by enabling individuals to manage their personal information, ensuring it remains accurate and current.
• Balancing Interests: It offers a way to balance individual privacy rights with the need for information access, especially in cases where public interest is a concern, ensuring that the right is applied fairly and contextually.

Challenges –

The right to be forgotten faces several challenges, including:

• Limitation on free speech: The right to be forgotten might restrict freedom of speech and the public’s access to information, as it could lead to the removal of valid and significant content from online platforms or search engines.
• Balancing Privacy and Public Interest: Determining when the right to be forgotten should override public interest or freedom of expression can be complex. This balance is crucial in cases where information serves significant societal purposes, such as in journalism or historical research.
• Technical Challenges: Enforcing the right to be forgotten can be technically demanding, as it necessitates that online platforms and search engines create sophisticated systems to manage and delete personal information.
• Conflicts with other legal rights: The right to be forgotten may clash with other legal rights, including the right to access information, freedom of expression, and the rights associated with research and journalism.
• Evolving Information: As new information emerges and societal norms shift, determining the relevance and necessity of removing older data becomes increasingly complex, requiring on-going assessment and adjustment.

Conclusion-

Overall, the right to be forgotten is still in the process of development in India, and there is no specific case that has been solely responsible for its development. Moreover, with the recognition of the right to privacy as a fundamental right and the introduction of the Personal Data Protection Bill, the right to be forgotten is gaining increasing attention from both the courts and the legislature in India. This is also a very important Right in present modern era. Everyone has not good time always sometimes some mistakes happen, and a stain emerged on their character however after sometime when the accused acquitted then no one accept him as earlier. So, there should be ‘Right to be forgotten’ so that in future no one could question upon his dignity.

Source- Indian Express