RIGHT TO BE FORGOTTEN

Dec. 27, 2021

The Centre told the Delhi High Court that the “right to be forgotten” is part of the fundamental right to privacy, but added it has no significant role to play in the matter.

About:

  • The right to be forgotten allows a person to seek deletion of private information from the Internet.

  • The concept has found recognition in some jurisdictions abroad, particularly the European Union. The EU in 2018 adopted the General Data Protection Regulation (GDPR), Article 17 of which provides for the right to erasure of certain categories of personal data.

  • While the right is not recognised by law in India, courts in recent months have held it to be an intrinsic part of the right to privacy. Petitions across courts have been seeking enforcement of this “right” — a legal principle that is not yet backed by statute in India.

  • In May 2019, Justice Pratibha M Singh of the Delhi High Court, said the “right to be forgotten” and “right to be left alone” are inherent aspects of the right to privacy, and restrained republication of these news reports.