38.6c New Delhi, India, Monday, July 15, 2024
Know The Law

Right to Be Forgotten: Legal Aspects of Personal Data Removal from Online Platforms under Indian Laws

By LAWSTREET NEWS NETWORK      24 May, 2023 04:40 PM      0 Comments
Right to Be Forgotten: Legal Aspects of Personal Data Removal from Online Platforms under Indian Laws

Introduction:
In an era dominated by the digital revolution, personal data has become a valuable currency. With the proliferation of online platforms, individuals are continuously generating and sharing vast amounts of personal information. However, the advent of this digital age has raised concerns about privacy and the need to protect personal data. The concept of the "Right to be Forgotten" has emerged as a crucial legal principle that aims to strike a balance between freedom of expression and an individual's right to privacy. This article delves into the legal aspects of the Right to be Forgotten under Indian laws and examines its implications for online platforms.

Understanding the Right to Be Forgotten:
The Right to be Forgotten, also known as the right to erasure, empowers individuals to request the removal of their personal information from online platforms. It allows individuals to regain control over their digital footprint, especially in cases where the information is outdated, irrelevant, or infringes upon their privacy rights. The right to erasure aims to ensure that personal data is not indefinitely available online and that individuals have the ability to shape their online identities.

Legal Framework in India:
In India, the legal framework governing the Right to be Forgotten is primarily based on the right to privacy enshrined in Article 21 of the Constitution of India. The Supreme Court of India, in its landmark judgment in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India, recognized the right to privacy as a fundamental right. This recognition forms the cornerstone for the development and implementation of data protection laws and regulations in the country.

Additionally, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, issued under the Information Technology Act, 2000, provide certain safeguards and obligations on organizations handling personal data. These rules aim to ensure the protection of personal information and lay down procedures for the removal and deletion of such information upon request.

Challenges and Considerations:
While the Right to be Forgotten presents significant advantages in terms of privacy protection, it also poses challenges for online platforms and legal authorities. Balancing the right to erasure with freedom of expression can be a complex task. Determining the criteria for removal requests and striking a fair balance between privacy and public interest is crucial.

Burstiness:
In the Indian legal context, the courts have acknowledged the importance of taking a contextual approach while determining the legitimacy of removal requests. The factors considered include the nature of the information, its relevance, the time that has elapsed since the publication, the impact on the individual's privacy, and the public interest.

It is essential to recognize that the Right to be Forgotten is not an absolute right and is subject to limitations. It should not unduly hinder the freedom of speech, investigative journalism, or historical records. Striking a delicate balance between individual rights and public interest is crucial for a robust legal framework.

Conclusion:
The Right to be Forgotten provides individuals with a mechanism to regain control over their personal data and protect their privacy in the digital age. In India, the right is firmly rooted in the constitutional guarantee of the right to privacy. However, its implementation must be guided by careful consideration of the competing interests of privacy and freedom of expression. The legal framework needs to strike a balance that ensures the effectiveness of the right while respecting legitimate interests and societal concerns. As technology continues to advance, it becomes imperative for Indian laws to evolve to keep pace with the ever-changing landscape of personal data protection.



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
TRENDING NEWS

need-to-develop-law-legal-education-in-vernacular-languages-cji
Trending Judiciary
Need to develop law, legal education in vernacular languages: CJI [Read Speech]

CJI D.Y. Chandrachud emphasizes the need for developing law and legal education in vernacular languages to make legal systems accessible to all citizens.

15 July, 2024 09:30 AM
cic-has-powers-to-set-up-benches-sc
Trending Judiciary
CIC has powers to set up benches: SC [Read Judgement]

The Supreme Court affirms CIC's authority to set up benches, emphasizing its autonomy for efficient case management under the RTI Act, overturning the 2010 Delhi HC order.

15 July, 2024 09:42 AM

TOP STORIES

journalist-soumya-vishwanathan-murder-case-sc-issues-notice-to-4-convicts-on-appeal-by-delhi-police
Trending Crime, Police And Law
Journalist Soumya Vishwanathan murder case: SC issues notice to 4 convicts on appeal by Delhi police

SC issues notice to 4 convicts in Soumya Vishwanathan murder case on Delhi police's appeal against their bail. Convicts had served over 14 years.

09 July, 2024 09:49 AM
why-indian-high-courts-still-have-old-names-despite-change-in-city-name
Trending Judiciary
Why Indian High Courts still have old names despite change in city name ? [Watch Video]

Know the reasons why Indian High Courts, like Bombay HC, Madras HC, and Calcutta HC, Allahabad HC still retain their old names despite the cities’ name changes. LawStreet Journal delves into the historical and legal context. Watch report !

09 July, 2024 09:56 AM
what-is-keir-starmer-stance-on-kashmir-issue
Trending International
What is Keir Starmer’s stance on Kashmir issue ? [Watch Video]

Under Keir Starmer, the UK's Labour Party shifts its stance on Article 370, focusing on strategic ties with India, moving from past criticisms to cooperation.

09 July, 2024 10:04 AM
ed-moves-sc-against-jharkhand-hc-order-of-bail-to-cm-hemant-soren
Trending Judiciary
ED moves SC against Jharkhand HC order of bail to CM Hemant Soren

ED moves SC against Jharkhand HC's bail order for CM Hemant Soren in a money laundering case linked to an alleged land scam.

09 July, 2024 12:14 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email