Right to be Forgotten: Harmonizing Privacy with The Right to Freedom of Speech and Expression in India
DOI:
https://doi.org/10.63682/jns.v14i18S.5165Keywords:
Privacy Right, Personal Data, Individual, legislation, IndiaAbstract
The Internet noway forgets one of the numerous advantages of the internet, which has come a agony for numerous. Any information uploaded on the internet by any party remains there till its access has explicitly been confined or it had been canceled. The Right to be forgotten refers to the capability of individualities to abolish, limit, delink, cancel, or correct particular information on the Internet that's deceiving, disturbing, inapplicable, or anachronistic. The Right to be forgotten is a right that allows the persons affected to get the said data canceled or deleted. It reflects a claim that an existent can get specific data deleted to insure no other party can trace it. The right primarily entitles the individual to have information vids or photos deleted from the internet to insure that hunt machines can not find them. The explanation behind the idea is that people shouldn’t be affected by any information about a once event that they did by mistake or had been cleared of it. This right is abecedarian moment, as once any content is participated on social media, it gets to a broad followership. The said right were established through a directive in the European Union and has been explicitly mentioned as a right under the GDPR 2018; still, that is n't devoid of issues. In India, there has been no substantiation of the said right; still, the state has drafted a bill that provides for the erasure and exposure of applicable data, but the same is still in the timber. The Judiciary itself has not cleared the air for the said right, and it remains a slate space. The European governance has inspired the Indian legislation legislated to apply the right. The Indian script will be a clash between the right to sequestration and the right to freedom of speech. It has also been criticised as it can be used as a suppression tool. Through this exploration paper, we shall be looking at the development of the said right and how, in the Indian environment, this right can be applied.
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Daniel J Solove, "Conceptualizing Privacy" (2002) 90:4 Cal L Rev 1087
A. Westin, Privacy And Freedom, Atheneum, 1967. p.7.
B.-J. Koops, 'Forgetting Footprints, Shunning Shadows: A Critical Analysis of the 'Right to Be Forgotten' in Big Data Practice', Tilburg Law School Research Paper No. 08/2012 229-256. 2011.
M. P. Jain 's Indian Constitutional Law, Article 21
https://iapp.org/news/a/alan-westins-legacy-of-privacy-and-freedom
J. E. McNealy , 'The Emerging Conflict between Newsworthiness and the Right to Be Forgotten', Northern Kentucky Law Review, Vol. 39, No. 2 , 119-135. 2012. p. 121.
Hohfeld, Fundamental Legal Conceptions as Applied in Judicial Reasoning, 23 YALE L.J. 16, 29 (1913)
Jeffrey Rosen, The Right to Be Forgotten, 64 Stanford Law Review Online (2012), available athttps://www.stanfordlawreview.org/online/privacy-paradox-the-right-to-be-forgotten/ (last visited September 16, 2021), at 91-92
http://eulawanalysis.blogspot.com/2018/05/right-to-erasure-right-to-be-forgotten.html (Last visited 18 Sept,2021)
Kharak Singh v State of UP 1963 AIR 1295.
Dharmraj Bhanushankar Dave v. State of Gujarat 2015 SCC Online Guj 2019
Sri Vasunathan vs The Registrar General, High Court of Karnataka and Ors 2017 SCC Online Kar 424.
Zulfiqar Ahman Khan v. Quintillion Business Media Pvt. Ltd. & Ors. AIR 2019 Del. 132
https://indiankanoon.org/doc/172009054/
Subhranshu Rout v. State of Odisha 2020 SCC OnLine Ori 878.
https://indiankanoon.org/doc/6266786/
Da Cunha v. Yahoo de Argentina SRL and Another, File number 99.613/06 (2014) (Argentina).
Google Spain v. AEPD and Mario Costeja González, ECLI: EU: C: 2014:317 (2014).
Google Spain v. Agencia Espanola de Protection, number C-131/12. See also, Global Freedom Of Expression Columbia University (Nov. 15, 2021 10:21 PM), https://globalfreedomofexpression.columbia.edu/cases/google spain-sl-v-agencia-espanola-deproteccion-de-datos-aepd
Cal.App. 285, 297 P.91 (1931)
Peter Fleischer, Foggy Thinking About the Right to Oblivion (2011), available athttp://peterfleischer.blogspot.com/2011/03/foggy-thinking-about-right-to-oblivion.html (last visited September 20, 2021).
Daphne Keller, The Final Draft Of Europe’s Right To Be Forgotten Law, The Center For Internet And Society | Stanford Law School, available at http://cyberlaw.stanford.edu/blog/2015/12/final-drafteuropes-right-be forgotten-law (last visited September 22, 2021).
The Constitution of India, 1950, art 19.
Google Spain, Harvard Law Review (2014), available at http://harvardlawreview.org/2014/12/google-spain-sl vagencia-espanola-de-proteccion-de-datos/(lastvisited September 19, 2021)
Shreya Singhal v. Union of India, AIR 2015 SC 1523
Anurag Vaishnav, The Personal Data Protection Bill, 2019: All you need to know PRS Legislative Research (Dec., 23, 2019). Available at: https://www.prsindia.org/theprsblog/personal-dataprotection-bill-2019-all-you need-know (last visited 10 Nov., 2021)
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