ABSTRACT
The RTBF and many similar laws across the globe, allow individuals to request that their personal information be deleted from online platforms. The General Data Protection Regulation (GDPR) of the Europe Union explicitly acknowledged it, but India is still crawling way before starting to implement it. The current research examines the legal aspects of the RBTF in India, assessing its acknowledgement in judicial pronouncements and probable incorporation within Digital Personal Data Protection Act 2023. It then turns to the limitations to RBTF in India, specifically with respect to balancing privacy and freedom of speech, legal jurisdiction in the context of national borders, and technological issues implicated in clearing data out. This study aims at identifying possible legal reforms and policy recommendations for successful implementation by comparing India’s strategy with best practices in other jurisdictions, particularly the US and EU. The study reminds us the importance of a well-balanced system protecting individual privacy on one hand, and establishing public accountability and interest on another.
Keywords– Right to be Forgotten (RTBF), Digital Privacy, Data Protection laws, General Data Protection Regulation (GDPR), Freedom of Expression.
INTRODUCTION
In the age of indelible data, the “right to be forgotten” (RTBF) is an opportunity for us to revisit the question of who should have control over information about themselves. Such a right forms an important intersection between emerging computational realities and traditional social norms of privacy, for posted (and therefore retained) information may continue to cause harm years after its relevance has waned.
India is at a unique point in the evolution of the RTBF. In contrast to the European Union, which has built comprehensive legal frameworks under the General Data Protection Regulation (GDPR), India’s approach has been developed mostly through judicial decisions interpreting constitutional privacy rights in the absence of particular legislation. The legal landscape has become complex legal landscape, with the RTBF existing in theory but lacking precise implementation procedures.
The issue of how to govern personal information is becoming more pressing as India continues to undergo a rapid digital revolution, with over 800 million internet users. This study is important because it looks at how India’s legal system has evolved to safeguard people’s privacy in the digital era. This evolution reflects deeper cultural, legal, and constitutional ideas on how to strike a balance between privacy and other fundamental rights, such as the right to information and freedom of expression. This development consists of the underlying cultural, legal, and constitutional dimension of the equilibrium between privacy and other fundamental rights like the right to information and freedom of expression.
It will also analyse how the right to freedom of broadcasting in its full sense emerged in India from the judicial decisions and put it in the international context of privacy laws. It will also overview the practical challenges of its implementation in India’s distinctive technological and societal environment and recommends measures which conform to India’s constitutional philosophy in the face of challenges in its practical application.