Right To Be Forgotten: Ashutosh Kaushik who won reality shows Bigg Boss in 2008 and MTV Roadies 5.0 recently 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”.
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.
What is the Right to be forgotten?
- 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.
- This Right 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.
- In 2017, the Right to Privacy was declared a fundamental right by the Supreme Court in its landmark verdict.
Personal Data Protection Bill:
- 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”.
- Therefore, under the Right to be forgotten, users can de-link, limit, delete or correct the disclosure of their personal information held by data fiduciaries.
What means 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 the processing of personal data.
Right to be forgotten in other countries:
- The Center for Internet and Society notes that the “right to be forgotten” gained prominence when the matter was referred to the Court of Justice of the European Union (CJEC) in 2014 by a Spanish Court.
- In the European Union (EU), the right to be forgotten empowers individuals to ask organizations to delete their personal data.
- It is provided by the EU’s General Data Protection Regulation (GDPR), a law passed by the 28-member bloc in 2018.
- According to the EU GDPR’s website, the right to be forgotten appears in Recitals 65 and 66 and in Article 17 of the regulation, which states:
- The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay” (if one of a number of conditions applies).
- In its landmark ruling, the EU’s highest court ruled in 2019 that the ‘right to be forgotten’ under European law would not apply beyond the borders of EU member states.