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Is “right to forget” a fundamental right?.
There has been demand from several sections to consider right to forget as a part of right to privacy. The right to privacy evolved as a fundamental right after the Puttaswamy Case. The Supreme Court said that right to privacy is a fundamental right under Article 21 of the constitution.
Right to forget
- Deleting information from official sources The process involves removing information about a person from official sources such as court records, criminal database etc. This is applicable only if they are acquitted or served sentence.
- Removing from public domain Information in public domain includes email id, phone number, date of birth, health records, and news clippings etc which are part of day to day transactions.
- Prevent leakage of personal data Personal data can be easily leaked and can be misused for wrongful purposes. By deleting information after a stipulated time, the chances of leakage can be controlled.
- Violation of fundamental right The Supreme Court announced that right to privacy is a fundamental right. Some courts have also observed that right to forget is an intrinsic part of right to privacy.
- Right to information Deletion of data from official sources could violate right to information statute. Deleting information can be misused to hide crimes.
- Lack of statute Currently, there are no laws to implement right to forget. Without proper laws, petitioners have to rely on court’s precedence to implement their demand.
POSTED ON 29-12-2021 BY ADMIN
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