Right To Be Forgotten Vs Right To Know: Unresolved Jurisdictional Conflicts
- IJLLR Journal
- Jun 21
- 1 min read
Hardik Hazarika, BBA LLB, NMIMS Bangalore
ABSTRACT
The more we enter the digital realm, the more the balance between individual privacy and the public’s right to information has gripped the Indian conscience. The issues surrounding the Right to be Forgotten or the Right to Know concede to bigger ideological issues concerning human dignity, transparency, and accountability. The paper analyses the two rights from the Indian perspective, tracing constitutional law through key court cases to some recent enactments like the Digital Personal Data Protection Act, 2023, and the amendments in the Right to Information Act, 2005. Drawing examples from both Indian and international perspectives, the study brings to the fore actual apparent conflicts in protecting individual reputations that obstruct the public interest in accessing key information. To combat these issues, the paper proposes an ideal legislative framework specifically for India. Conventional solutions to the Indian privacy-vs-transparency predicament also attempt to resort to concrete methods and safeguards in respect of both the inevitability of individual rights and the general interest. In conclusion, this paper argues that reasonable balance must be maintained between the two- inculpatory dignity and open governance- in facilitating the digital future of India.
