RIGHT TO BE FORGOTTEN: PRIVACY AND CYBERSPACE

Abstract

The rule of privacy is encapsulated with the phrase “Right to be Left Alone”i. Social media turned this concept on its head and revolutionized the “Right to share all with the world”. Every action may not have an opposite reaction and the boomerang effect to this is “free flow of personal information,” a picture, video or even a message once set out to the online universe, cannot be retracted. In many instances, these tit bits, came back to haunt through social media. 

These instances led to the inception of the “Right to be Forgotten” movement. 

Social media proves to be a more vengeful reaper than any law enforcement could envisage, in such instances of indiscretion. Henceforth, European Union(“EU”) decided to codify this right, also mentioned in 2012 Report carried out in full in the final approved document- “General Data Protection Regulation” or “GDPR (Regulation (EU) 2016/679). Interestingly when India is grappling with deciding on whether privacy is a fundamental right, the EU goes one step further to declare in the recitals to the GDPR “The protection of natural persons in relation to the processing of personal data is a fundamental right”. As a natural progression therefrom, the GDPR reproduces the intent for the introduction of the “Right to be Forgotten”. Article 17 of GDPR sets out the detailed provisions for the same. The said provision gives the right to data subjects, not just to erasure of personal data concerning them but to expeditiously erasure “without undue delay”. 

In India as well, the draft Personal Data Protection Bill, 2019, has a section on the Right to be Forgotten. But the proposed bill does not provide right to erasure. The bill has not yet been discussed in parliament and therefore, therefore the paper would assess its viability and suggest relevant changes.