RIGHT
TO FORGOTTEN : POLITY
NEWS: SC
to examine acquitted man’s ‘right to be forgotten’: What is the right, and how
have courts ruled earlier?
WHAT’S
IN THE NEWS ?
India does not have a statutory framework that
prescribes the right to be forgotten. The SC has now agreed to hear a case that
will likely shape the contours of this right.
Definition:
• Allows
individuals to request the removal of their personal data from search engines
and online platforms if it violates privacy or is no longer relevant.
Origin:
• Recognized by
the Court of Justice of the European Union (CJEU) in May 2014 (Google Spain
case).
EU
Framework:
• Supported by
Articles 7 (right to private and family life) and 8 (protection of personal
data) of the EU Charter on Fundamental Rights.
• Article 17 of
the General Data Protection Regulation (GDPR).
Interpretation
in India:
Legal
Status:
• No specific
statutory framework.
• Right to
privacy, including aspects of the right to be forgotten, recognized as a
fundamental right by the Supreme Court in the 2017 Puttaswamy case.
Judicial Insights:
• Justice S.K.
Kaul acknowledged the right to remove personal data when no longer relevant or
accurate, with exceptions for public interest and freedom of expression.
Judicial Rulings in India:
1 Rajagopal vs.
State of Tamil Nadu (1994):
• Recognized
“right to be let alone” for privacy in personal matters.
2 Dharamraj
Bhanushankar Dave vs. State of Gujarat (2017):
• Denied
removal of acquittal details from public records.
3 [Name
Redacted] vs. The Registrar General (2017):
• Supported
protecting a petitioner’s name in an annulment case.
4 Jorawar Singh
Mundy Case (2021):
• Allowed
removal of criminal case details from search results.
5 Orissa High
Court (2020):
• Acknowledged
complexities of implementing the right and called for broader debate.
Source :
https://indianexpress.com/article/explained/explained-law/european-information-privacy-regulation-supreme-court-fundamental-rights-constitution-of-india-cji-d-y-chandrachud-9481662/