Right To Be Forgotten In India: Balancing Privacy And Public Interest
- IJLLR Journal
- Apr 19
- 2 min read
Aakansha Bhardwaj, Gujarat National Law University, Silvassa
ABSTRACT
The Right to be Forgotten (RTBF) is an emerging legal concept that has gained significant attention globally, particularly in the context of the availability of personal information on the Internet and privacy and data protection. In India, while the RTBF has yet to be explicitly codified in legislation, its contours have been indirectly recognized through judicial interpretations and proposed legal frameworks. This research article explores the scope and challenges associated with the implementation of the RTBF in India from both constitutional and legislative perspectives.
The paper begins by examining the practical aspects of the Right to be Forgotten within society. It explores the causes and consequences of granting this right, as well as the extent to which it can effectively protect an individual's rights when implemented. The RTBF in global legal systems, particularly in the “European Union” under the “General Data Protection Regulation” is compared to the Indian legal landscape. The analysis delves into the Indian Constitution, specifically focusing on the right to privacy as articulated under Article 21, following the landmark Puttaswamy judgment (2017), which laid the foundation for the RTBF in India. The research evaluates how this right is balanced against other fundamental rights, such as the right to freedom of speech and expression (Article 19(1)(a)), and public interest considerations.
This research paper presents a legislative analysis of the Personal Data Protection Act, 2023, with a specific focus on the treatment of the Right to Be Forgotten (RTBF). The paper argues for the formulation of a balanced legal framework that upholds individual privacy without undermining public interest, transparency, and accountability. Emphasis is placed on the necessity of clear legislative provisions, consistent judicial interpretation, and robust regulatory mechanisms. The study concludes with recommendations including the development of procedural guidelines and legislative amendments to ensure that the RTBF is harmonized with India’s constitutional values and democratic ethos.
