The alleged violation of the right to privacy by online platforms has recently been thrust into the limelight. A case lodged by an actor in the Delhi High Court, which called for the removal of videos published without her consent, has brought forward questions regarding the balance between individual privacy rights and the freedom of expression. But what are these rights, and how do they interact with one another?
The Right to Privacy
In 2017, the Supreme Court ruled that the right to privacy is a fundamental human right in the landmark case of Puttaswamy v. Union of India. This right is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Indian Constitution. Notably, this ruling also incorporated the rights to be forgotten and to be left alone as components of the broader concept of privacy.
Understanding the Right to Be Forgotten
The Right to be Forgotten (RTBF) pertains to the ability of an individual to have their personal information removed from public platforms, such as internet searches or databases, when it is no longer relevant or necessary. This right became significant after the Court of Justice of the European Union’s decision in the Google Spain case in 2014. In India, the Right to be Forgotten stems not only from the right to privacy but also from the right to dignity, both enshrined in the Indian Constitution.
The Right to Be Left Alone Explained
Revoking oneself from society is not the objective of the right to be left alone. It is more about preventing society from interfering with a person’s choices as long as they don’t harm others.
Challenges Surrounding the Right to be Forgotten
The application of RTBF presents several issues. On one hand, it stands in direct conflict with other rights like the freedom of expression or publication, thus making it a challenging balancing act. For instance, if a person wants to delink their criminal records from public access, it may impede journalistic freedom.
Enforcement becomes another challenge when RTBF is invoked against a private entity, such as a media or news website. Generally, fundamental rights are enforceable against the state rather than private individuals, barring instances of discrimination or exploitation as per Articles 15(2), 17, and 23 of the Constitution.
Finally, the lack of a data protection law to codify RTBF has led to ambiguous and inconsistent judgments in recent years. Several high courts have either accepted or rejected the right without considering the wider constitutional questions associated with it.
Government Actions to Safeguard Privacy
To protect individual privacy, the government has proposed measures such as the Personal Data Protection Bill 2019. The bill provides for the protection of personal data and seeks to establish a Data Protection Authority. It was framed based on the recommendations of the B N Srikrishna Committee in 2018.
Additionally, the Information Technology Act, 2000 serves as a safeguard against data breaches, illegal usage of computers, and unauthorized use of stored data.
The Way Forward
Given the burgeoning conflict between privacy rights and freedom of expression, a comprehensive analysis of RTBF by the Parliament and the Supreme Court appears necessary. As data becomes an increasingly valuable resource in this digital age, it necessitates effective regulation. Therefore, swift enactment of the Personal Data Protection Bill 2019 could be a step in the right direction towards establishing a robust data protection regime in India.