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Reconciling The Right To Erasure In India's DPDP Act: Balancing Privacy, Technology, And Freedom Of Expression




Indranil Ghose, Faculty, School of Law & Justice, Adamas University


ABSTRACT


In this paper, we discuss the Right to Erasure listed under Section 12 of India's draft of the Digital Personal Data Protection Act, 2023 (DPDP Act). It examines the nuanced relationship between private rights of individuals to remain anonymous and counter-veiling concerns such as technology risk, free speech and sectoral requirements. Through a comparative view with international standards such as the GDPR, as well as an analysis of the evolution of case law, the article highlights major challenges for assessments and offers a systematic hermeneutics for theoretical reconciliation of these contradictions. The study shows how the Indian model is unique among international legal systems, which merges principles with operational constraints but requires procedural rationalaim for sustainable operationalisation.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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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:

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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.

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