Which of the following statements best describes the legal status and constitutional challenges associated with the Right to Be Forgotten (RTBF) in India?
Show answer & explanation
Correct answer: B
Explanation
Solution: The correct answer is The Right to Be Forgotten is derived from the right to privacy under Article 21 and data protection principles, but it is not absolute and must be balanced against the freedom of speech and the public's right to information under Article 19(1)(a).
Explanation:
☛ In the landmark judgment K.S. Puttaswamy v. Union of India (2017), the Supreme Court declared the Right to Privacy as an intrinsic part of the Right to Life and Personal Liberty under Article 21.
☛ The court observed that the Right to Be Forgotten (RTBF) is an integral component of the right to privacy, allowing individuals to limit the accessibility of their past personal information.
☛ However, like most fundamental rights in India, RTBF is not an absolute right; it is subject to reasonable restrictions.
☛ A constitutional challenge arises because it must be balanced against the freedom of speech and expression and the public's right to know/access information protected under Article 19(1)(a).
Extra Exam-Relevant Facts:
☛ Statutory Recognition: The Digital Personal Data Protection (DPDP) Act, 2023 explicitly grants individuals the right to correction and erasure of personal data under specific conditions.
☛ Global Precedent: The Right to Be Forgotten gained global prominence following the Google Spain case (2014) decided by the Court of Justice of the European Union (CJEU) under the European Union Data Protection Directive (now under GDPR Article 17).
☛ Judicial Balancing: Indian High Courts (such as Delhi and Gujarat High Courts) have ruled that RTBF cannot override public interest, court records, or statutory transparency mandates.
Important One-Liners for Upcoming Exams:
☛ Which landmark Supreme Court judgment declared the Right to Privacy a fundamental right? → Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)
☛ Under which Article of the Indian Constitution is the Right to Privacy protected? → Article 21
☛ Which committee was appointed in 2017 to draft India's data protection framework? → Justice B.N. Srikrishna Committee
☛ Which article of the European Union's GDPR deals with the Right to Erasure (Right to Be Forgotten)? → Article 17
☛ Which Indian law enacted in 2023 provides a statutory framework for processing personal digital data? → Digital Personal Data Protection Act, 2023