What is the Right to be Forgotten and Digital Privacy?

The case of Jorawar Singh Mundy is the reason for discussion of the Right to be Forgotten and digital privacy. The HC Justice Pratibha M Singh also directed a web portal to block the access to the verdict acquitting him in a drug case as it affected his job prospects. Take a look at the details of the case in the article below.

What is the Right to be Forgotten?

It is the right to have private information to be removed from internet searches under special circumstances. The Issue of the Right to be Forgotten was raised again in April 2021.

Article 21 of the Constitution of India includes the Right to Privacy which was mentioned in the Puttaswamy Judgement. 

It states that, “the right of an individual to exercise control over his personal data and to be able to control his/her own life would encompass his right to control his/her own life and his/ her existence on the internet.”

Earlier in cases like, R Raja Gopal vs the State of Tamil Nadu, the right to privacy of prisoners was recognized by the Supreme Court for the first time (1994).

In the case of State of Punjab vs Gurmit Singh and others and in case of State of Karnataka vs Putta Raja, the Supreme Court held that the anonymity to protect victims of sexual offence from social ostracism was to be recognized. 

History: Right to be forgotten

For the first time this was used in 2014 when a man asked Google to remove links to an old newspaper article which spoke about his previous bankruptcy. His debts were fully paid but the information was available online.

European Court of Justice ruled against Google and declared that under certain circumstances a European Union citizen could have his personal information removed from the public database.

How is Right to be Forgotten necessary?

The Right to be Forgotten is necessary to maintain the three basic Fundamental Rights of any individual. These are

Article 19-  The individual is entitled to carry out any trade of his choice, practice any profession in any part of the country as per this article. If any unnecessary information about an individual is available on the internet or any digital platform his right to digital privacy would guarantee his Right to Freedom. 

Article 14- Right to equality is also granted through right to be forgotten. Any information that may malign the image of any individual would hamper his/her rights as it would make others opinionated about him.

Article 21-  This is the Right to Live and as per the ruling in the case of Menaka Gandhi vs Union of India, the court granted every individual the right to live with dignity. Any life without dignity would be comparable to an animals life. Thus in case digital privacy of any individual is violated, he/she may face violation of his right to live with mental peace.   

International Jurisprudence:

United Kingdom Rehabilitation of Offenders Act (1974) and the 'Spent Conviction Scheme Have the effect of limiting the disclosure of certain offences. 

RTBF took shape mainly from the 1995 Directive of the European Union (DEU) on the protection of individuals with regard to the processing of personal data.

It has been established in the European Union General Data Protection Regulations (GDPR) 2016, which came into force on the 25th May 2018.

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