GS2 · 10 marks · 150 words

The Right to be Forgotten is an integral part of individual autonomy and forms a basic pillar of the right to privacy. Comment.

Answered by 3 toppers · CSE 2022

Syllabus: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

How toppers approached it

From all 3 answers · about 200 words.

Opening

  • A definition1 of 3
  • A constitutional or legal provision1 of 3
  • No separate opening1 of 3

Body

  • Points and prose2 of 3
  • Points1 of 3

Close

  • A way forward2 of 3
  • No separate close1 of 3

The toppers’ answers

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

  1. Opportunity for a fresh start for people acquitted from Courts etc. to avoid prejudices.
  2. Be in control of one's data as a feature of true consent.
  3. 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.

More on Fundamental Rights

Part III rights, their scope, reasonable restrictions and enforcement.

All GS2 questions on Fundamental Rights