The ‘Right to be Forgotten’ in India

Ashutosh Kaushik has approached the Delhi High Court with a plea saying that his videos, photographs and articles etc. be removed from the internet citing his “Right to be Forgotten”.

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In the plea, Kaushik maintains that the “Right to be Forgotten” goes in sync with the “Right to Privacy”, which is an integral part of Article 21 of the Constitution, which concerns the right to life.

The Right to be Forgotten falls under the purview of an individual’s right to privacy, which is governed by the Personal Data Protection Bill that is yet to be passed by Parliament.

In 2017, the Right to Privacy was declared a fundamental right by the Supreme Court in its landmark verdict.

The Personal Data Protection Bill was introduced in Lok Sabha on December 11, 2019 and it aims to set out provisions meant for the protection of the personal data of individuals.

Clause 20 under Chapter V of this draft bill titled “Rights of Data Principal” mentions the “Right to be Forgotten.” It states that the “data principal (the person to whom the data is related) shall have the right to restrict or prevent the continuing disclosure of his personal data by a data fiduciary”.

A data fiduciary means any person, including the State, a company, any juristic entity or any individual who alone or in conjunction with others determines the purpose and means of processing of personal data.