THE RIGHT TO BE FORGOTTEN AND ITS ENFORCEMENT IN INDIA

Abstract

In today’s world, where technology has pierced into almost every aspect of our lives, information can easily be accessed on the internet. The internet has taken the world by a storm and the tides just flow in its favour and does not seem to slow down. Personal information is increasingly stored on the internet for an indefinite period of time. This changes the norm from forgetting-by-default, as experienced in the human brain, to a norm of remembering-by-default experienced through the wonders of technology. 

The Digital age has changed the trend from forgetting things to remembering things permanently and our digital identities are shaped by the online interactions leaving behind a permanent digital footprint, and this is the sole reason why people are now concerned with the removal of their personal information. 

It is in this context that the “Right to be Forgotten” was introduced into the European Union with great passion and enthusiasm, which was hailed as a new dawn in data privacy protection on the internet. Following the aforementioned right’s introduction, the General Data Protection Regulation was introduced shortly after, to provide people with a “Right to be Forgotten” so that they could request data controllers to erase their personal information in certain circumstances. 

The author argues for the enforcement of such a right in India as it is legally sound and analyses the possible legal hurdles in recognising such a right. This paper will seek to analyse the evolution of such a right in the European Union with reference to the landmark decision of the Court of Justice of the European Union. In addition, the paper will also examine arguments for and against the right to be forgotten being guaranteed as a fundamental right in India.