Right to be Forgotten
Right to be Forgotten
Why In News:
The Delhi High Court has formally recognised the 'Right to be Forgotten' as a facet of the fundamental right to privacy.
Constitutional & Statutory Basis:
K.S. Puttaswamy v. Union of India (2017): A 9-judge Supreme Court bench unanimously held that the Right to Privacy is a fundamental right under Article 21 (Right to Life and Personal Liberty), Article 19 (Freedom of Expression) and the preambular guarantee of liberty.
Digital Personal Data Protection (DPDP) Act, 2023: Section 12 grants every Data Principal the right to correction and erasure of personal data- the statutory anchor for the 'Right to be Forgotten' in India.
Key Facts for Prelims:
The Right to Privacy is NOT explicitly listed in the Indian Constitution — it is a derivative right read into Article 21 by the Puttaswamy judgment.
DPDP Act 2023 replaced the earlier Personal Data Protection Bill 2019, which was based on the Justice B.N. Srikrishna Committee Report (2018).
The DPDP Act applies to data processed within India, and also extraterritorially if the processing is in connection with offering goods or services to Data Principals in India.