RIGHT TO BE FORGOTTEN (Syllabus: GS Paper 2 – Polity)

Context: The Supreme Court of India has agreed to hear a case that will likely define the "right to be forgotten," akin to the "right to erasure" in European privacy laws. This ruling could shape information privacy regulation in the country.

Right to be Forgotten

• Definition: The right to be forgotten refers to the ability to remove one's digital footprint from Internet searches and other online content when it infringes upon privacy rights.
• CJEU Ruling: In May 2014, the Court of Justice of the European Union (CJEU) confirmed the existence of the right to be forgotten, affirming its importance in privacy law.
• Google Spain Case: The right was notably applied in the “Google Spain case,” where Spanish lawyer Mario Costeja González successfully petitioned to remove outdated information related to a property sale from Google's search results.

How is the Right Interpreted in India?

• Lack of Statutory Framework: India does not have a specific statutory framework for the right to be forgotten, but the concept is recognized through broader privacy rights.
• Recognition of Privacy Rights: The 2017 Supreme Court judgment in Justice K S Puttaswamy v Union of India established the right to privacy as a fundamental right, linking it to the right to life, equality, and freedom of expression.
• Historical Context: In the 1994 case of Rajagopal vs. State of Tamil Nadu, the Supreme Court discussed the “right to be let alone,” which aligns with the principles underlying the right to be forgotten.