Exploring The Significance Of ‘Right To Be Forgotten’ & Intricacies Of Safeguarding Personal Data In Digital Era: An Analysis

Abstract

Humans are viewed as independent entities with an innate demand for privacy and control over particular parts of their lives. Since we live in a time where our personal data are available online or in public forums, therefore, it is crucial for everyone to safeguard it. The case of Justice K.S. Puttaswamy v. Union of India1 put the debate in India on data protection and privacy into perspective when the Supreme Court declared the right to privacy to be a basic right as a part and parcel of Right to Life and Personal Liberty, since, India, the world’s largest Democracy has provided through lex loci some inseparable Fundamental rights which are said to be sine qua non for harmonious existence. As a result of which, Standing and Parliamentary Committees also underlined in their reports the necessity for specific data protection and privacy laws. After a considerable hustle and on the basis of Justice B.N Srikrishna report, the Personal Data Protection Bill, 2019 was tabled in the Parliament which specifically provided for ‘Right to be Forgotten’. However, the bill was withdrawn and now replaced by altogether different Digital Personal Data Protection Bill, 2022, which does not specifically provides for Right to be Forgotten. The Paper is an attempt to analyse the importance, needs and challenges associated with Right to be forgotten having orientation to the current trends, with special reference to Right to Privacy.