• UGI USER
  • Jul 29, 2024
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RIGHT TO BE FORGOTTEN

Syllabus:

GS 3:

  • Government Policies and Interventions
  • Important Aspects of Governance, Transparency and Accountability.

Why in the News?

The Supreme Court of India has agreed to hear a case that will likely shape the contours of the “right to be forgotten.” This case will determine whether this right is a fundamental one in India and how it aligns with other constitutionally guaranteed rights.

Source: News18

Background:

  • Lack of Statutory Framework: India currently lacks a statutory framework for the right to be forgotten. The Supreme Court’s upcoming decision will likely shape its contours.
  • Supreme Court’s Role: The Supreme Court has agreed to hear a case that will determine whether the right to be forgotten is a fundamental right under the Indian Constitution.
  • Case Background: The case involves a challenge to a Madras High Court ruling that directed the removal of a 2014 judgment from a legal portal, highlighting the complexities of digital privacy.
  • Key Legal Questions: The Court must decide how the right to be forgotten intersects with other fundamental rights, such as the right to privacy, life, equality, and freedom of speech.
  • Global Context: The right to be forgotten, known as the “right to erasure” in European Union law, will provide an important context for India’s judicial deliberations.

Understanding the Right to be Forgotten

  • Concept Definition: The right to be forgotten allows individuals to remove digital footprints that violate their privacy, akin to erasing personal data from public records.
  • European Union’s Stance: In May 2014, the Court of Justice of the European Union (CJEU) affirmed this right, establishing a precedent for data protection and privacy in the digital age.
  • Google Spain Case: The landmark Google Spain case involved the removal of outdated information about a Spanish lawyer, setting a significant precedent for personal data erasure.
  • Legal Basis: The CJEU based its ruling on Articles 7 and 8 of the EU Charter on Fundamental Rights, emphasizing the protection of private life and personal data.
  • Informational Self-Determination: This principle, widely recognized in EU law, grants individuals control over their personal information, crucial for protecting privacy rights.

Interpretation in India

  • Current Legal Framework: India lacks a statutory framework explicitly prescribing the right to be forgotten, but the judiciary has recognized related rights through landmark judgments.
  • Puttaswamy Judgment: In 2017, the Supreme Court’s Justice KS Puttaswamy v Union of India ruling explicitly recognized the right to privacy as a fundamental right, influencing subsequent legal interpretations.
  • Justice Kaul’s Opinion: Justice SK Kaul in the Puttaswamy case highlighted the right to be forgotten, emphasizing the individual’s control over personal data when it is no longer necessary or relevant.
  • Exemptions: Justice Kaul also outlined valid reasons for violating the right to be forgotten, including freedom of expression, public interest, and legal obligations.
  • Practical Implications: The absence of a clear statutory framework means the right to be forgotten in India is interpreted on a case-by-case basis, often resulting in conflicting judicial decisions.
Judicial Rulings on the Right

  • R. Rajagopal Case: In 1994, the Supreme Court recognized the “right to be let alone” but distinguished it from the publication of public records, which remain subject to public interest and media scrutiny.
  • Gujarat High Court Decision: In 2017, the Gujarat HC denied a request to remove details of an acquittal from public records, reinforcing the principle that court orders are public domain.
  • Karnataka High Court Ruling: The Karnataka HC in 2017 protected a petitioner’s name in an annulment case, acknowledging the trend of respecting privacy in sensitive cases, particularly involving women.
  • Delhi High Court Decision: In 2021, the Delhi HC extended the right to be forgotten to a criminal case, removing search results involving an acquitted individual to prevent irreparable social and career damage.
  • Orissa High Court Observation: In 2020, the Orissa HC called for a widespread debate on the legal and practical challenges of implementing the right to be forgotten, emphasizing the need for clear guidelines.

Challenges

  • Absence of Statutory Framework: India currently lacks a clear statutory framework defining the right to be forgotten, leading to inconsistent legal interpretations and applications across different cases.
  • Balancing Fundamental Rights: Determining how the right to be forgotten intersects with other fundamental rights, such as freedom of expression and the public’s right to access information, presents a complex legal challenge.
  • Judicial Inconsistencies: Different high courts have issued conflicting rulings on the right to be forgotten, creating uncertainty and inconsistency in its application across the country.
  • Technological Limitations: Implementing the right to be forgotten involves significant technological challenges, particularly in ensuring that data is completely erased from all digital platforms and search engines.
  • Public Interest vs. Privacy: Balancing the individual’s right to privacy with the public’s interest in accessing information, especially in cases involving public records and judicial decisions, remains a contentious issue.
  • Global Legal Standards: Aligning India’s approach to the right to be forgotten with global legal standards, such as the European Union’s General Data Protection Regulation (GDPR), requires careful consideration and adaptation.
  • Awareness and Understanding: There is a general lack of awareness and understanding among the public and stakeholders about the scope and implications of the right to be forgotten, hindering its effective implementation.
  • Resource Constraints: Ensuring that the legal and technological infrastructure required to support the right to be forgotten is adequately resourced and maintained poses a significant logistical challenge.

What Needs to be Done

  • Establish Clear Legislation: India needs to enact comprehensive legislation specifically addressing the right to be forgotten, providing clear guidelines for its implementation and enforcement.
  • Judicial Clarity: The Supreme Court should provide definitive rulings that clearly outline the contours of the right to be forgotten, ensuring consistency and predictability in judicial decisions.
  • Technological Solutions: Invest in developing and deploying advanced technological solutions that can effectively remove personal data from digital platforms and search engines while ensuring data integrity.
  • Public Education: Launch awareness campaigns to educate the public and stakeholders about the right to be forgotten, its importance, and how to exercise it, fostering greater understanding and support.
  • Balance Rights: Develop legal frameworks that carefully balance the right to be forgotten with other fundamental rights, such as freedom of expression and the public’s right to access information.
  • Global Alignment: Align India’s approach to the right to be forgotten with international legal standards, such as the GDPR, to ensure compatibility and coherence with global practices.
  • Privacy Advocacy: Strengthen the role of privacy advocates and organizations in promoting the right to be forgotten, providing support and resources to individuals seeking to exercise this right.
  • Judicial Training: Implement training programs for judges and legal practitioners to enhance their understanding of the right to be forgotten and its implications, ensuring informed and consistent judicial decisions.

Conclusion

The right to be forgotten is essential for protecting individual privacy in the digital age. Clear legislative and judicial frameworks are needed to balance this right with public interest and freedom of expression, ensuring that personal data is handled responsibly and ethically in India.

Mains Practice Question

Discuss the concept of the “right to be forgotten” and its implications for privacy in the digital age. How does this right interact with other fundamental rights, and what challenges does India face in implementing it effectively?

Source :Indian Express

Associated Article:

https://universalinstitutions.com/a-privacy-report-card/