In a recent interaction with the Delhi High Court, the Union Government announced that the international legal concept of the Right to Be Forgotten (RTBF) is gradually evolving within India and is encompassed under the Right to Privacy. According to the Supreme Court’s judgement, the Right to Privacy includes the Right to Be Forgotten and the right to be left alone.
Understanding the Right to Privacy
The Right to Privacy was announced as a fundamental right by the Supreme Court during the Puttaswamy v. Union of India case in 2017. It is protected as an intrinsic part of the right to life and personal liberty as per Article 21 and of the freedoms guaranteed by Part III of the Constitution.
Unpacking the Right to be Forgotten
The RTBF is the right to have publicly available personal information removed from the internet, search, databases, websites, or other public platforms where the personal information in question is no longer necessary, or relevant. This gained popularity after the 2014 decision of the Court of Justice of the European Union (CJEU) in the Google Spain case.
In the Indian context, the Supreme Court in Puttaswamy v. Union of India, 2017 observed that the RTBF was a part of the broader right of privacy. It emerges from the right to privacy under Article 21 and partly from the right to dignity under Article 21.
Exploring the Right to be Left Alone
The right to be left alone doesn’t mean withdrawing from society. It is essentially the expectation that society will not interfere in the personal choices made by an individual as long as these choices do not cause harm to others.
Issues Associated with the Right to be Forgotten
There are several challenges associated with the RTBF. The primary one being the balance of privacy vs. information. The existence of RTBF in a situation depends on it balancing conflicting rights such as the right to free expression or other publication rights.
Enforcing RTBF against a private individual poses an issue as fundamental rights are generally enforceable against the state. A few articles protect against a private act of a private party that is challenged based on its violation of the Constitution.
The absence of a data protection law to codify RTBF has led to inconsistent adjudications by various high courts.
Government Measures to Safeguard Privacy
To protect the privacy of individuals concerning their Personal Data, the Personal Data Protection Bill 2019 was introduced. It was framed based on the recommendations of the B N Srikrishna Committee (2018).
The Information Technology Act, 2000 safeguards against certain data breaches related to computer systems. It includes provisions preventing unauthorized use of computers, computer systems, and stored data.
Looking Ahead
Both the Parliament and the Supreme Court must delve into a detailed analysis of the RTBF and develop a mechanism for balancing the conflicting rights of privacy and freedom of expression.
In this digital age, unregulated data can be a potential risk. Therefore, India needs a robust data protection regime. Consequently, the government should expedite the enactment of the Personal Data Protection Bill 2019.