In a recent incident, a contestant of a reality show approached the Delhi High Court requesting removal of his videos, photographs and associated content from the internet. The petitioner cited his Right to be Forgotten (RTBF) and argued that it aligns with the Right to Privacy. He insisted that both are integral components of Article 21 of our Constitution, the Right to Life.
Understanding the Right to be Forgotten (RTBF)
The RTBF refers to an individual’s entitlement to have their personal information, once irrelevant or no longer necessary, deleted from public platforms such as databases, websites, search results and the Internet as a whole. This right became significant after the 2014 decision of the Court of Justice of the European Union (CJEU) in the Google Spain case. The RTBF has been acknowledged as a statutory right within the European Union under the GDPR (General Data Protection Regulation) and has been supported by courts across the United Kingdom and Europe.
Current Status of RTBF in India
India currently lacks any specific laws granting the RTBF. However, the Personal Data Protection Bill 2019 does recognise this right. Additionally, the Information Technology Act 2000 offers protection against particular types of data breaches originating from computer systems. It incorporates measures to prevent unauthorized usage of computers, computer systems and stored data.
Personal Data Protection Bill and the RTBF
In December 2019, the Personal Data Protection Bill was presented before the Lok Sabha with a primary goal of protecting individuals’ personal data. Clause 20 of Chapter V in this draft bill, under the subtitle “Rights of Data Principal”, mentions the RTBF. Broadly speaking, the RTBF allows users to restrict access to, limit, delete or correct their personal information in possession of data fiduciaries.
Data Protection Authority (DPA)
Yet, the sensitivity of one’s personal data and information is not solely up to individuals but falls under the scrutiny of the Data Protection Authority (DPA). According to the draft bill, while an individual can request removal of their data, the final say rests in the hands of an Adjudicating Officer from the DPA.
Interplay between Right to Privacy and RTBF
The RTBF comes under the broader scope of an individual’s right to privacy. In a significant 2017 verdict in the Puttaswamy case, the Supreme Court recognized the right to privacy as a fundamental right intertwined with the right to life and personal liberty under Article 21 of the Constitution.
Challenges Surrounding RTBF
The RTBF presents potential conflicts with public record matters. Traditionally, judgments are considered public records under Section 74 of the Indian Evidence Act, 1872. The RTBF cannot be applied to official public records, particularly not judicial records, since it could erode public faith in the judiciary over time.
Striking the Balance: Individual Rights vs Society
RTBF creates a conundrum, pitching individual privacy rights against societal right to information and freedom of the press. To mitigate this conflict, a comprehensive data protection law should be formulated. This law must balance privacy and data protection rights (Article 21) with internet users’ right to access information (Article 19). Such balance aligns with the core values of the golden trinity, Articles 14, 19 and 21, of the Indian Constitution.
