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Current Affairs

Right to be forgotten

Date: 26 July 2021 Tags: Bills & Laws

Issue

A celebrity has approached Delhi High court and demanded the right to be forgotten by taking off several of his articles, videos and pictures from internet.

 

Background

The petitioner has argued that ‘right to be forgotten’ was a part of ‘right to be privacy’ given under Article 21 of the constitution.

 

Details

  • It is said that the petitioner has suffered from several of his actions that took place long ago. The presence of such pictures and videos has caused him psychological pain.

  • He wants that his mistakes should not remain in public knowledge for so long time. It is also harming his reputation.

 

Right to be forgotten

The individual’s right to privacy contains issues related to right to be forgotten. These come under the Personal Data Protection Bill.

 

Court’s opinion

In 2018, the Supreme Court held that Right to privacy was a fundamental right and an integral part of right to life and personal liberty under Article 21.

 

Personal Data Protection Bill

  • Protecting personal data of individuals is the aim behind introduction of The Personal Data Protection Bill, 2019.

  • “Right to be forgotten” comes under clause 20 of chapter V of the bill. Individual will have the right to prevent disclosure of their personal data.

  • This applies to all entities handling data such as state authority, company, individuals or any other combination of groups.

 

International provisions

  • Individuals of European Union can ask organization or groups to delete their personal data. This provision is present under General Data Protection Regulation (GDPR).

  • This law however is applicable to countries under EU jurisdiction. Global companies do not have obligations to remove personal data from countries such as India.