Nandan D, School of Law, CHRIST (Deemed to be University), Bangalore
ABSTRACT
Right to be Forgotten, enshrined as a fundamental right as being part of the Right to Privacy under Article 21 of the Constitution of India, is a principle which continuously evolves along with the changing scenario of how data is circulated in the modern digital world. Although the Supreme Court in the case of Justice K S Puttaswamy and Anr. v. Union of India and Ors., recognised the individual Right to be Forgotten as being part of the fundamental rights, there also exists a right of the larger society – the Right to Information. This Article seeks to explore the interplay between the two rights, the existing grey area between them and analyse how striking a fair balance can allow them to co-exist without their provisions contravening each other. Additionally, the paper also delves into the philosophical aspect of the Right to be Forgotten and Right to Information by analysing them with reference to both natural and positive law thinkers. With the draft Personal Data Protection Bill, 2019 being withdrawn, the article also analyses the fate of the Right to be Forgotten in the Indian legal sphere. Through this, it can be seen that this fundamental right is not absolute and reasonable restrictions can be placed on it in light of the Right to Information. Given the multiplicity of the facets of the Right to be Forgotten, the paper also explores in a philosophical-constitutional manner as to when and under what circumstances an individual right may have reasonable restrictions placed on it by a public right. Further, this paper also renders certain suggestions with regard to the implementation of the Right to be Forgotten.
Keywords: Right to be Forgotten, Right to Information, Constitution of India, Natural law, Positive Law, Philosophy, Personal Data Protection Bill, 2019.
