Reflecting The Need Of “Right To Be Forgotten” In India

Vidhi Tomar, Christ University Delhi NCR

ABSTRACT

The "Right to be Forgotten" (RTBF) is a contentious concept that has gained significant attention in recent years. It refers to an individual's right to request the removal of personal information from online search engines and other online platforms, which is no longer relevant or accurate. While the European Union recognized this right in 2014, India is yet to formally recognize it. The need for the RTBF in India is becoming more urgent as internet penetration and social media usage increase. People often share personal information online, which can be accessed and misused by others without their consent. This has led to instances of cyberbullying, harassment, and reputation damage. The RTBF can help individuals to protect their privacy and maintain control over their personal information.

The lack of a legal framework for the RTBF in India has led to inconsistent decisions by courts, with some recognizing the right and others denying it. The issue is further complicated by the fact that many online platforms are based outside of India, making it difficult to enforce any decisions.

To address this issue, India needs to develop a clear legal framework that recognizes the RTBF and outlines the circumstances in which it can be invoked. This should be done in consultation with stakeholders, including online platforms, privacy experts, and civil society organizations. Such a framework should balance the right to privacy with freedom of expression and ensure that the removal of information is proportionate and in the public interest. Overall, reflecting the need for the RTBF in India is crucial to protect individual privacy and autonomy in the digital age.

Keywords: Right to be Forgotten, India, personal information, online search engines, privacy, cyberbullying, reputation damage, legal framework, stakeholders, proportionate, public interest.