Digital Legacies: The Right to be Forgotten and its Legal Framework in India
By Dr. Bhavana Sharma, Assistant Professor at School of Legal Studies, Himachal Pradesh University Regional Centre, Dharamshala, H.P.
Abstract
Digital Legacies is the concept that has evolved in this era of online platforms and pertains to the preservation, management, and regulation of personal and public data in the digital age. One of the most controversial and debated issues in this domain is the Right to be Forgotten (RTBF) which originated in the European Union through the General Data Protection Regulation (GDPR). The Right to be Forgotten (RTBF) is a right that allows individuals to request the removal of their personal information from the internet, particularly when such data is out-dated, irrelevant, or harmful.
With ever expanding and evolving horizons of technology and online media platforms, the concerns over data privacy has also gained momentum in India but has yet to implement a comprehensive law addressing the RTBF, however, the Supreme Court of India has recognized the right to privacy as a fundamental right in its landmark Puttaswamy judgment (2017), but the RTBF remains underdeveloped.
With this analysis, the researcher is in favour for a nuanced legal approach in this matter so that there could be a proper balance between individual rights with broader societal interests, and also in favour of that India’s data protection laws should be evolved in such a way that it may provide a framework for the eventual recognition of the Right to be Forgotten.
The Researcher has also made efforts to analyse the judicial precedents, such as the Delhi High Court’s approach to personal data protection, to assess the likelihood of RTBF being incorporated into Indian law. This paper also explores the evolving challenges of enforcing RTBF, including technological limitations, international data jurisdiction, and the implications for the digital economy.
Keywords: Law, digital protection, legal framework, jurisdiction, rights.
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