IN THE DIGITAL AGE, THE RIGHT TO BE FORGOTTEN: A COMPARISON OF THE INDIAN PERSONAL DATA PROTECTION ACT OF 2018 AND THE GDPR
Keywords:
Right to be forgotten, right to erasure, GDPR, Indian data protection bill, 2018, privacy, data protectionAbstract
The term "right to be forgotten" refers to the legal right to be forgotten. Individuals have the right to have
misleading, embarrassing, irrelevant, or obsolete personal information on the Internet erased, limited, delinked,
removed, or amended. The European Court of Justice's ruling in the Google Spain case, which established it as
a matter of EU law, brought this legal right to the fore. This "right" has existed in many forms around the world,
and is frequently based on a balance-of-rights analysis of the right to privacy vs. the right to free expression. In
contrast, the new European version is based on a legal principle known as intermediary liability, which claims
that Internet search engines are now deemed "data controllers" and, as such, are accountable for some online
content management. This entitlement has brought attention to basic policy considerations as well as practical
implementation challenges under the new European regime as it has evolved across Europe. Data protection
necessitates extreme caution and care, not only because personal information is sensitive, but also because it is
valuable. Individual information is collected. By far the most important feature is the human right to privacy.
Indian authorities have begun to look at data protection due to the country's reliance on the internet and
technologically advanced equipment. The phrase "privacy" should not be confused with this. Protectionism and
data security are terms that are used around the world. In a number of well-known texts, such as the Treaty onthe Functioning of the European Union and the European Union's Fundamental Rights Charter. The European
Union took a step forward by giving data protection legal significance with the 1995 Directive. Despite this,
India is the world's largest IT services market and one of the largest IT service providers. It was possible to get
help. Regrettably, Indian citizens are not treated with the same respect as European citizens. Topics are
provided by legislators, but the Indian Supreme Court paved the way. Personal data protection must be
rrecognized as a fundamental right. The 'Personal Data' section of the 2018 Protection Bill, on the other hand, is
considered a detailed investigation into the concept of privacy. Data security is also crucial, especially when it
comes to the "right to be forgotten."
References
1. Swiss S, Jennings PJ, Aryee GV, Brown GH, Jappah-Samukai RM, Kamara MS, et al. Violence against women during the Liberian civil conflict. JAMA. 1998; 279(8): 625–9.
2. Solveig Vatnar, Stål Bjørkly. Victim of and Witness to Violence: An Interactional Perspective on Mothers' Perceptions of Children Exposed to Intimate Partner Violence. Violence Vict. 2011 Dec; 26(6): 830–52. Researchgate.net. Available from: https://www.researchgate.net/ publication/ 221789673_Victim_of_and_Witness_to_Violence_An_Interactional_Perspective_on_Mothers%2 7_Perceptions_of_Children_Exposed_to_Intimate_Partner_Violence. [cited 2021 Dec 4].
3. Nirmita Panchal, Rabah Kamal, Cynthia Cox, Rachel Garfield. ( 2021 Feb 10). The implications of COVID -19 for mental health and substance use. [Online]. Kff.org. Available from: https://www.kff.org/coronavirus-covid-19/issue-brief/the- implications-of-covid-19-for-mental- health-and-substance-use/ [cited 2021 Dec 4].
4. Innocenti U. (2020). Five ways governments are responding to violence against women and children du ring COVID -19. [Online]. Unicef.org. Available from: https://blogs.unicef.org/ In the Digital Age, the Right to be Forgotten Srijit Nair evidence-for-action/five-ways-governments-are-responding-to-violence-against-women-and- children-during-covid-19/ [cited 2021 Dec 3].
5. Fao.org. (2018). Developing gender -sensitive value chains – Guidelines for practitioners. Rome. [Online]. Available from: https://www.fao.org/3/I9212EN/i9212en.pdf. [cited 2021 Dec 4].
6. AIR Online. AIR 1997 Supreme Court 3011 . [Online]. Aironline . Available from: https://www.aironline.in/legal-judgements/1997+(7)+JT+384. [cited 2021 Dec 3].
7. Kaur R, Garg S. Addressing domestic violence against women: an unfinished agenda. Indian Community Med. 2008; 33(2): 73–6.
8. Gov.in. [Online]. [cited 2021 Dec 3]. Available from: https://www.mha.gov.in/sites/default/files/
9. Joseph V, Deeya Ray. (2019 Nov 12). India: The right to be forgotten - under the Personal Data Protection Bill 2018. [Online]. Argus Partners. Available from: https://www.mondaq.com/ india/privacy-protection/860598/the-right-to-be-forgotten--under-the-personal-data-protection- bill-2018. [cited 2022 Nov 15].
10. Zubair Ahmad. (2022 Aug 23). Right to be Forgotten. [Online]. Manupatra. Available from: https://articles.manupatra.com/article-details/Right-to-be-forgotten. [cited 2022 Nov 15].
11. Cleary Gottlieb. (2019 Mar 12). The Indian Personal Data Protection Bill 2018: a view through the lens of the EU GDPR. [Online]. Khaitan & Co. Available from: https://www.clearygottlieb.com/- /media/files/india-personal-data-protection-bill-gdpr--final-31219-pdf. [cited 2022 Nov 15].
12. Burman A. (2020 Mar). Will India’s proposed data protection law protect privacy and promote growth? [ Online]. Carnegie India. Available from: https://carnegieendowment.org/files/ Burman_Data_Privacy.pdf. [cited 2022 Nov 15].
