Under certain circumstances, the right to be forgotten (RTBF) allows private information to be erased from internet searches. The subject of the Right to be Forgotten recently made headlines when an American citizen of Indian ancestry filed a petition to have a judgement against him removed from the internet.

Right to be forgotten is one of the topics of UPSC General Studies Syllabus which is also an important Current affairs part. Let us study the Right To be Forgotten topic in this article.

Right To Be Forgotten - Concept

• The 'right to be forgotten' refers to the ability to have publicly accessible personal information erased from the internet, search engines, databases, websites, and other public platforms once it is no longer essential or relevant.
• Since 2006, Argentina and the European Union have implemented the 'right to be forgotten.'
• If a request is submitted, it allows for the authorized removal of an individual's personal information.
• The right to be forgotten is not the same as the right to privacy.
• The right to privacy protects information that is not in the public domain, but the right to be forgotten protects information that is in the public domain and prevents third parties from obtaining it.

Right To Forgotten - Evolution In India

• The draft Personal Data Protection Bill 2018 introduced by the Justice BN Srikrishna Committee includes a new right called the right to be forgotten, which refers to an individual's ability to limit, delink, delete, or correct the disclosure of personal information on the internet that is misleading, embarrassing, or irrelevant.
• A data principal has the right to restrict the data fiduciary from using such data or information if data disclosure is no longer necessary, the agreement to use data has been revoked, or data is being used in violation of the law, according to Section 27 of the Bill.
• In addition, section 27(2) states that the adjudicating officer (Data Protection Authority) has the authority to rule on the question of disclosure and the conditions in which he believes such disclosure can trump the freedom of speech and the right to information of citizens.
• The right to be forgotten is in line with the right to privacy, which was lauded by the Supreme Court in the Puttaswamy decision of 2017 as an intrinsic aspect of Article 21 (right to life) of the constitution.

Right To Be Forgotten - Related Issues

• The right not to be forgotten clashes with the right to information.
• This can be shown in cases where a rape victim has a right to have her past forgotten, while a criminal cannot claim that he has the right to demand that his conviction not be mentioned in the media.
• The Data Protection Authority must decide whether online data should be kept (right to information) or deleted (right to be forgotten) from the internet.
• As a journalist must wait for the adjudicating officer's verdict, the right to be forgotten may become a threat to press freedom.
• As a result, the right to criticize public figures for their public policies based on previous remarks and actions will be jeopardized.
• Furthermore, a citizen requesting such information will be perplexed as to whether to contact the Central Information Commission or the Data Protection Authority.
• For the sake of the national interest, the state retains unrestricted powers to collect and process data without the requirement for consent.
• However, the national interest is not stated elsewhere, allowing the government to use the right to be forgotten at its discretion.

Pros And Cons Of Right To Be Forgotten

Conclusion

• Privacy must be added as a ground for reasonable restriction under Article 19 (2) in order to effectuate the right to be forgotten. This will require a major constitutional amendment.
• On the one hand, there must be a balance between the right to privacy and personal data protection (as defined by Article 21 of the Indian constitution) and internet users' freedom of information (as defined by Article 19).

FAQs

MCQs

1. Which of the following European regulations recognizes the 'Right to be Forgotten'?

A) EU Data Protection Directive

B) General Data Protection Regulation (GDPR)

C) Digital Millennium Copyright Act (DMCA)

D) Privacy and Electronic Communications Regulations (PECR)

2. Which landmark case in India laid the foundation for privacy rights, including the 'Right to be Forgotten'?

A) K.S. Puttaswamy v. Union of India

B) Maneka Gandhi v. Union of India

C) Naz Foundation v. NCT of Delhi

D) R. Rajagopal v. State of Tamil Nadu

3. In which of the following countries was the 'Right to be Forgotten' first legally recognized?

A) United States

B) India

C) France

D) Germany

4. Which Indian bill includes provisions related to data subject rights like the 'Right to be Forgotten'?

A) Information Technology (Reasonable Security Practices and Procedures) Rules, 2011

B) Personal Data Protection Bill, 2019

C) Digital India Act, 2015

D) IT (Intermediary Guidelines) Rules, 2021

5. Which of the following is a key challenge in implementing the 'Right to be Forgotten'?

A) Limiting free speech

B) Data protection compliance

C) The global nature of the internet

D) Financial transparency

GS Mains Questions and Model Answers

Q1: Evaluate the significance of the 'Right to be Forgotten' in the context of digital privacy in India.

Answer: The 'Right to be Forgotten' is essential for protecting individual privacy in the digital age. In India, where digital penetration is growing, this right could help citizens control their personal information and mitigate the risks of reputational damage from outdated or irrelevant content online. With increasing data breaches and misuse of personal data, having a legal framework for such a right becomes critical. Although India has not yet enacted a specific law for the 'Right to be Forgotten', the Personal Data Protection Bill, 2019, could provide a legal basis for its enforcement. This right strikes a balance between privacy and free speech, ensuring that personal information does not remain accessible indefinitely, especially if it no longer serves any legitimate public interest.

Q2: Discuss the challenges India faces in implementing the 'Right to be Forgotten' and the potential solutions.

Answer: One of the main challenges India faces in implementing the 'Right to be Forgotten' is the lack of a clear and comprehensive legal framework. While the Personal Data Protection Bill, 2019, addresses some concerns, it does not explicitly recognize this right. Another challenge is the global nature of the internet, where personal data is hosted on servers located across multiple jurisdictions. This complicates enforcement and requires international cooperation. Additionally, there are concerns about its potential misuse to suppress freedom of speech or avoid accountability. Solutions include amending the Personal Data Protection Bill to clearly include the 'Right to be Forgotten', setting up robust data protection mechanisms, and establishing international agreements to govern data privacy across borders.

Q3: How does the 'Right to be Forgotten' intersect with freedom of speech and expression?

Answer: The 'Right to be Forgotten' often comes into conflict with the fundamental right to freedom of speech and expression. On one hand, it allows individuals to remove outdated or irrelevant personal information, which is crucial for protecting privacy. On the other hand, it could lead to censorship if used to suppress information that is in the public interest. The balance between these two rights is delicate. Courts must ensure that the right to privacy does not unduly infringe upon the freedom of expression, particularly in cases where the information is of public concern or historical importance. This is why the application of the 'Right to be Forgotten' should be carefully regulated, ensuring that it is not used for personal gain at the expense of societal interests.

Previous Year Questions on Right to be Forgotten

1. UPSC CSE Mains 2021 (General Studies Paper 2):

Question: Discuss the implications of the 'Right to be Forgotten' in India, particularly in the context of privacy and data protection laws.

Answer: In India, the 'Right to be Forgotten' has implications for both privacy and freedom of expression. While it can protect an individual's privacy, its implementation needs to be cautious to avoid conflicts with the freedom of speech. The Personal Data Protection Bill, 2019, is a step towards establishing a comprehensive framework that includes the right to erasure, but challenges remain in balancing privacy and public interest. Courts and regulators will play a pivotal role in ensuring that this right is not misused for censorship.

2. UPSC CSE Mains 2020 (General Studies Paper 2):

Question: How does the 'Right to be Forgotten' interact with global internet laws, and what challenges does India face in implementing this right?

Answer: The 'Right to be Forgotten' faces significant challenges due to the global nature of the internet. Data hosted in different countries may be subject to various legal frameworks, making enforcement difficult. India, with its growing digital landscape, must navigate these complexities while ensuring international cooperation for data protection. The lack of a comprehensive legal framework in India further complicates matters, though the Personal Data Protection Bill, 2019, offers a pathway forward.