Right to be Forgotten

Context

The Supreme Court of India has recently agreed to hear a case that will likely shape the contours of the “right to be forgotten.”

Right to be Forgotten:

• Definition: Loosely described as the right to remove or erase one’s digital footprint from internet searches when it violates the right to privacy.
• Current Status in India: There is no statutory framework explicitly prescribing this right. However, it falls under the purview of the right to privacy, governed by the Personal Data Protection Bill, 2019, and protected by Article 21 of the Constitution.
• Conditions for Requests: Requests to be forgotten are subject to conditions such as:
  • The relevance of the information.
  • Public interest.
  • The individual’s privacy rights.