Ayush Paniphukan, B.A. LLB (Hons), Lovely Professional University, Phagwara
ABSTRACT
The "right to be forgotten" as a rule alludes to a cure which in certain conditions empowers people to request from search engines the de-posting of data about them which seems following a search for their name. It can likewise allude to requests to website hosts to delete specific data. Moreover, it has been considered as a right of people or as a right that gives the individual expanded command over data about them. It has been classified as a protection right despite the fact that it applies to data that is, essentially somewhat, public.
The "right to be forgotten" is explicitly perceived neither in international basic human rights nor in national constitutions. Its degree remains to a great extent unclear: it goes from a more restricted right safeguarded by existing information protection regulation to more extensive ideas including the security of reputation, honour and dignity.
The paper shall also draw comparison to Google Spain case of 2014 and Indian Judgements passed in favour of the existing notion of the presence of the "right to be forgotten". The relevance and Importance of the right shall also be drawn. Also, an analysis shall be done of the existing Indian Information and Technology Act and the 1995 Data Protective Directive by the European Union. The researcher shall make an attempt to strike a balance between "right to be forgotten" and the other existing rights in similar context, and substantive as well as procedural safeguards to protect an Individuals in case this right is being expressly accepted.
Keywords: Right to be Forgotten, Data, Google Spain Case (2014), Information and Technology Act (India), 1995 Data Protective Directive (European Union), Personal Data Protection Bill 2019.
