IMPORTANCE OF RIGHT TO BE FORGOTTEN AS A FACET OF RIGHT TO PRIVACY IN THE DIGITAL ERA

Abstract

Right to privacy is undisputedly recognized as a fundamental right in all major jurisdictions and the right to be forgotten (RTBF) has emerged as one of itscrucial dimensions. RTBF can be defined as the individual’s right to have her data erased, limited, delinked, etc. from the internet by requesting the data fiduciaries or the entities responsible for putting the data on the net. Ithas its utilitarian basis as it facilitates the individual in getting the data or information concerning him removed, limited, delinked or erased from the internet. Initially, thepaper traces the evolution, importanceand development of this right internationally and in India.The legislative framework pertaining to this right such as the provisions of the European General Data Protection Regulation&the Digital Personal Data Protection Act and its development through case laws have been analysed. The contemporary approaches of the Indian legal system towards RTBF have been highlighted and extensively discussed. The legal dilemma of balancing the RTBF with other rights,like right to freedom of speech and expression, has been analysed in detail.The article concludes with some recommendations for addressing the aforementioned conflict and methods to be employed while dealing with the RTBF.