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The Right To Be Forgotten: Resuscitating Reformative Jurisprudence

Amal Singh Patel & Anisha Mishra, Amity Law School, Lucknow, India


Over the past few years, the Internet has become an increasingly popular medium. Many people took advantage of its widespread use to disseminate data around the Internet, including personal data. After understanding that material can’t be readily erased from the Internet, users sued search engines to hide their links. The European Court of Justice came up with the “right to be forgotten,” which lets people ask search engines to remove their information. Data protection and privacy are now conceptually separate in India because of the country’s heavy reliance on the internet and technological equipment. Although India is not only the largest consumer for the service but also one of the largest providers of information technology services in the world. Lawmakers in India don’t give Indian residents the same level of respect as European citizens, but the Indian Supreme Court has made it possible to treat data privacy as a fundamental right. Information and communication technology centred on database and network technology has led to the artificialization or externalisation of human memory, forcing people to refresh their memories or preventing them from forgetting the past through customised, paternalistic services based on digital records stored in external human memory.

Keywords: The right to forget; The right to be forgotten; Personal identity; Recognition; privacy; search delisting; data privacy; search engine.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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