top of page

AI And The Right To Be Forgotten: Consumer Data Protection In The Digital Age




Vishnu Yadav, Maharashtra National Law University, Nagpur


ABSTRACT


The rapid advancement of Artificial Intelligence (AI) and the increasing reliance on search engines have intensified concerns regarding consumer data privacy. While the European Union (EU) has robust data protection laws, including the Right to Be Forgotten (RTBF) under Article 17 of the General Data Protection Regulation (GDPR), India’s recently enacted Digital Personal Data Protection Act, 2023 lacks explicit provisions addressing RTBF. This research aims to highlight the significance of RTBF in the Indian context, especially given the rise of AI-driven data processing systems. By adopting a comparative analysis approach, the study examines the strengths and shortcomings of the GDPR’s RTBF framework and identifies gaps within India's DPDP Act. Drawing insights from relevant legal literature, judicial precedents such as the Google Spain case, and technical complexities posed by AI systems, the research explores the feasibility of adapting RTBF principles for India. The findings suggest that incorporating RTBF into the DPDP Act would significantly enhance consumer control over personal data, mitigate privacy risks in AI systems, and align India’s data protection framework with global standards. While the study acknowledges implementation challenges, particularly regarding data deletion from decentralized AI models, it proposes legislative strategies and technological safeguards to ensure effective enforcement. This research is novel in advocating for India-specific RTBF provisions, tailored to address the nation's evolving digital landscape. The insights offered will benefit policymakers, legal scholars, and data protection practitioners striving to enhance consumer privacy rights in India while ensuring responsible AI governance.


Keywords: Artificial Intelligence, Consumer Data Protection, Data Privacy, Digital Rights, Right to Be Forgotten.



Indian Journal of Law and Legal Research

​

Abbreviation: IJLLR

​

ISSN: 2582-8878

​

Website: www.ijllr.com

​

Accessibility: Open Access

​

License: Creative Commons 4.0

​

Submit Manuscript: Click here

​

Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

​

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page