Balancing Privacy and Public Record: Supreme Court to Examine the 'Right to be Forgotten'
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The Supreme Court of India is set to deliberate on the 'Right to be Forgotten' as an integral part of the Right to Privacy under Article 21, balancing individual dignity against the public's right to information.
The Supreme Court of India has agreed to examine the 'Right to be Forgotten' (RTBF), a move that could significantly redefine the boundaries of digital privacy under Article 21 of the Constitution. This development follows various High Court rulings that have grappled with the tension between an individual’s right to move on from their past and the public’s right to access information.
The RTBF allows individuals to request the removal of personal data from internet searches and databases when the information is no longer necessary or relevant. While not explicitly mentioned in the Constitution, it is considered a subset of the Right to Privacy, which was declared a fundamental right in the landmark K.S. Puttaswamy vs. Union of India (2017) judgment. The concept suggests that once the purpose for which the data was collected is served, or if the information is outdated and prejudicial, the individual should have the right to have it erased from the public domain.
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