Chaitanya AwasthiAIR 37 · CSE 2022 · 209 wordsTheir whole copy
Opening · a constitutional or legal provision
In KS Puttuswamy case, Supreme Court of India recognized Right to Privacy as a fundamental right under Article 21. The Court observed that privacy is sine qua non for a dignified life and serves both normative as well as descriptive functions.
Right to be Forgotten (RTBF) entails removal of information pertaining to one's self from public records, documents, internet etc. RTBF has been recognized as a statutory right under EU's General Data Protection Regulation. However, in India it has not such status.
Why RTBF :
Body · points and prose
- Opportunity for a fresh start for people acquitted from Courts etc. to avoid prejudices.
- Be in control of one's data as a feature of true consent.
- Courts also observed that privacy includes deciding and having control over one's information.
CONCERNS (1) Public character of judgements and internet. (2) Necessary for administrative, law and order matters to retain records. (3) Internet like an infinite multiplies, difficult to remove once posted.
Close · a way forward
Justice BN Srikrishna has acknowledged the RTBF in Personal Data Protection Bill.
However, any such recommendation ought to pass the litmus test of fine balance between individual rights and social obligations.
If enforced properly will go a long way in addressing genuine case where people want removal of Personal information from internet.
2 more toppers’ answers to this question, part by part, and how they all approached it: open the question.