Constitutional and Legal Landscape of Right to Be Forgotten in India

Abstract

Right to be forgotten has emerged as an important right in the internet age where on the one hand information multiplies almost every day and on the other hand, the information appear to be preserved eternally. The presence of huge information in public domain even personal information has raised concerns about the protection of the right to privacy in the present-day digital era. The availability of sensitive information in the public domain collected for various purposes whether with the consent of data subject or without the express consent, pose a serious threat to the exercise of right to privacy. Examined from the perspective of a criminology and penology, it also dents the reformation practices as the availability of information in public domain about the past antecedents of people adversely affects the chances of rehabilitation and reformation owing to societal taboos. The important question is why one should suffer because of past transactions or acts. This underscores the importance of right to be forgotten. This paper traces the evolution and contours of the right to be forgotten in European Union, UK, USA and India. Further, various challenges in recognition and implementation of this right have been explored to find out the status of this right in the age of data protection laws. The constitutional and legislative measures to recognize and enforce this right have been examined in the light of judicial decision.

Keywords: Right to be Forgotten (RTF), Right to Privacy, Court, Constitution, Data