The Right to be Forgotten

admin November 4, 2021
Updated 2021/11/05 at 6:07 AM

In a recent judgment, the Delhi High Court affirmed the notion that the “Right to Privacy” encompasses the “Right to be Forgotten” and the “Right to be Left Alone.”

What exactly is the High Court Case about?

A Bengali actor had petitioned the High Court to have her audition/demo tapes from the web series removed off the internet. The videos are presented in a way that violates her privacy. Despite the fact that the project had fallen through, she had refused to allow the films’ creator to disseminate them. Similarly, reality TV star Ashutosh Kaushik, who won Bigg Boss in 2008 and MTV Roadies 5.0, petitioned the Delhi High Court to have his recordings, photos, and articles deleted off the internet, invoking his “Right to be Forgotten.”

What are these rights?

The right to be forgotten, also known as the right to erasure, is the ability to have personal data deleted from the Internet and other directories. Right to privacy – The state or society will not interfere with an individual’s personal decisions as long as they do not damage others. Only if a just, reasonable, and fair law requires it is state intervention permitted.

What is the Court’s opinion?

The right to be forgotten and the right to be left alone are both “inherent elements” of the “right to privacy,” according to the Court. The court determined that graphic recordings that spread have a direct and immediate influence on the reputation of the individual featured in the videos. As a result, the court requested that the plaintiff be protected against invasion of her privacy as a result of the video’s publishing or transmission.

The Right to be Forgotten is part of an individual’s right to privacy, which is controlled by the Personal Data Protection Bill, which Parliament has yet to enact. The Supreme Court proclaimed the right to privacy a basic right in the K.S. Puttaswamy case of 2017. Under Article 21 of the Constitution, the right to privacy is guaranteed as an integral component of the right to life and personal liberty.

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