RIGHT TO BE FORGOTTEN WITH REFERENCE TO FUNDAMENTAL RIGHTS: AN INSIGHT.
Hemang Chandrakant Shah
Abstract
Hemang Chandrakant Shah
Abstract
It is human nature to forget but computer never forgets. In this age information is available just at one click. This has helped us and changed our live drastically. This why this age is termed as age of information. Information is considered as power in this age. Computer and internet are vital for access of any information. At times it may happen, the information which is available may be irrelevant, excessive or not relevant with reference to particular person. In such a case, the person must be given a right to removal if such information from the platforms of the search engines. This right is known as right to be forgotten. It is equally important while ensuring right to be forgotten it should not affect right to information, freedom speech and expression of other individual. The Supreme Court in its landmark judgement has declared right to privacy as fundamental right under Article 21 of the Constitution of India. In order to ensure right to privacy in its real sense, right to be forgotten cannot be overlooked. One can be ensured his right to privacy in its real sense especially in digital age, by ensuring right to be forgotten as fundamental right. Presently it is neither fundamental nor legal right. It is now for the Legislature and Judiciary to protect one’s right to be forgotten in its true sense. European Union has declared the General Data Protection Regulation. India currently do not have any data protection laws that ensures right to be forgotten. This study will focus on various dynamics of right to be forgotten and how it should not conflict with other fundamental rights
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It is human nature to forget but computer never forgets. In this age information is available just at one click. This has helped us and changed our live drastically. This why this age is termed as age of information. Information is considered as power in this age. Computer and internet are vital for access of any information. At times it may happen, the information which is available may be irrelevant, excessive or not relevant with reference to particular person. In such a case, the person must be given a right to removal if such information from the platforms of the search engines. This right is known as right to be forgotten. It is equally important while ensuring right to be forgotten it should not affect right to information, freedom speech and expression of other individual. The Supreme Court in its landmark judgement has declared right to privacy as fundamental right under Article 21 of the Constitution of India. In order to ensure right to privacy in its real sense, right to be forgotten cannot be overlooked. One can be ensured his right to privacy in its real sense especially in digital age, by ensuring right to be forgotten as fundamental right. Presently it is neither fundamental nor legal right. It is now for the Legislature and Judiciary to protect one’s right to be forgotten in its true sense. European Union has declared the General Data Protection Regulation. India currently do not have any data protection laws that ensures right to be forgotten. This study will focus on various dynamics of right to be forgotten and how it should not conflict with other fundamental rights
Key concepts: Right to be forgotten, Fundamental rights, Right to privacy, The Right to Privacy, Right to know, Exclusive right, Law, Supreme court