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Synopsis of Right to be forgotten



What is the Right to be Forgotten?:

It is the right to have personal information removed from the public platform under some conditions. It had been discussed and implemented in not only the European Union in 2006 but had also been recognised in Spain, Germany, South Korea, China and Argentina in the following years.

In General Data Protection Regulation(GDPR), it comes under Article 17(2) and is considered as an addition to the Right to Erasure. This right shouldn't be confused with the Right to Privacy as they both have different meanings. Right to Privacy includes that detail that is unknown to the public whereas Right to be Forgotten consist of removing that information that was in the public domain for some time.



Right to be forgotten in India:

This right is not available in India currently but was discussed at multiple events.

it was recognised in section 20 of the Personal Data Protection Bill 2019 (PDP Bill 2019). the provision made this right enforceable only on an order passed by adjudicating officer appointed by the Data Protection Authorities. This bill connects with IT Act 2000 and IT(reasonable security practices and procedures and sensitive and personal data or information) rule 2011.

Even the court has also passed remarks on this right during the case proceedings.



Conditions in which it is applicable:

1. When the purpose of processing the information is achieved.

2. When the information provider withdraws his consent of sharing

that information any further.

3.When the information provider objects to the further processing of the provided data and there is no overriding of the legitimate interest.

4. When the direct marketing of the data is objected to by the information provider.

5.When there is illegal data processing being done by the organisation.

6.When the organisation had to remove it to comply with the legal ruling or obligation.

7.When a child's personal data is being used to offer information services.



GDPR's justifications that upstaged the Right to be Forgotten:

1.The provided data is being used to practice the Right to freedom of Expression.

2.The data is being used to comply with the legal ruling or duties.

3.The data is being used for public interest or for exercising the organisation's official power.

4.The data is being used to perform preventive or occupational medicine.

5.To make scientific research, historical study or statistical analysis possible there is a requirement of that data.

6.The data is being utilized for the establishment of legal offences or claims.

7.Organisations request a reasonable fee or deny the request for the removal of the data from the public domain if they can explain that the request was baseless or unfair.



Significance of Right to be Forgotten:

It is required to protect the Right to safety and peace of people. this will help the individuals to adjust the development of their life independently, without being eternally or occasionally labelled for a certain activity performed in the past.


Conclusion:

The right to be forgotten holds great importance and should be implemented but with certain modifications to fit to enforce in India. Every nation has a different and dynamic environment hence, the laws also change as per the requirement of the prevailing circumstances. This right will bring the phrase "LET BYGONES BE BYGONES" into existence.


SOME MORE INFO ON RIGHT TO BE FORGOTTEN:

https://www.thebetterindia.com/86267/karnataka-high-court-judgement-right-to-be-forgotten/

https://www.lexology.com/library/detail.aspx?g=bc6964ab-4b31-4778-9024-318f46cc0d91

https://thewire.in/law/right-to-privacy-a-glimpse-of-a-right-to-be-forgotten



ALSO READ : https://www.legalaesthetic.com/post/beginners-guide-to-consumer-protection-act





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