Daily Current Affairs : 26-July-2024
The Supreme Court of India has lately agreed to take a look at the problem of the “right to be forgotten,” a concept that addresses digital privacy and the control of personal data. This right allows individuals to request the removal of their personal information—such as names, photos, or other sensitive details—from public records and online platforms. The growing concern over digital privacy and data misuse makes this an important legal issue that needs to be addressed.
What is the Right to Be Forgotten?
The “right to be forgotten” is a legal concept that empowers individuals to control their personal information online. It suggests that people should have the right to remove personal data from the internet if it is no longer necessary, relevant, or if it is causing harm to their privacy. This can include the deletion of photos, names, or even outdated information that may continue to appear on search engines or websites.
Current Status of the Right to Be Forgotten in India
In India, the right to be forgotten is not clearly defined in law. However, it is believed to be part of the broader right to privacy under Article 21 of the Indian Constitution. This article guarantees the protection of an individual’s life and personal liberty, which can be interpreted to include the right to control one’s own personal data. Despite this, there are no specific legal provisions addressing the “right to be forgotten.”
- Digital Personal Data Protection Act, 2023: This law focuses on regulating the collection, storage, and processing of personal data. While it includes penalties for data misuse, it does not explicitly address the right to be forgotten.
- Information Technology Rules, 2021: These rules outline a process for complaints related to unauthorized exposure of personal data on digital platforms. However, they do not provide a comprehensive framework for implementing the “right to be forgotten.”
Why is This Issue Important?
As the digital world expands, more personal information is being shared online, often without consent. This has led to concerns over privacy and data security. The right to be forgotten can help individuals reclaim control over their personal information and prevent misuse, such as identity theft or defamation.
Important Points:
- Right to be Forgotten: A legal concept that allows individuals to request the removal of their personal data (such as names, photos, etc.) from public records and online platforms to protect privacy.
- Current Legal Framework in India:
- The right to be forgotten is linked to the broader right to privacy under Article 21 of the Indian Constitution.
- Digital Personal Data Protection Act, 2023: Regulates data collection, storage, and processing, but does not explicitly address the right to be forgotten.
- Information Technology Rules, 2021: Offers a complaint process for unauthorized personal data exposure, but lacks a comprehensive framework for implementing the right to be forgotten.
- Importance of the Right to be Forgotten:
- As more personal data is shared online, concerns about privacy and data misuse have grown.
- The right to be forgotten can help prevent identity theft, defamation, and misuse of outdated personal data.
- Supreme Court’s Involvement: The Supreme Court of India has agreed to examine the issue, marking an important step toward addressing digital privacy concerns.
- Need for Clear Legal Provisions: India lacks clear, specific laws regarding the right to be forgotten, and addressing this gap is necessary to protect citizens’ privacy in the digital age.
Why In News
The Supreme Court of India has agreed to examine the issue of the “right to be forgotten,” a concept related to digital privacy and the control of personal data, recognizing its growing importance in an increasingly digital world where personal information is vulnerable to misuse.
MCQs about Examining the Right to Be Forgotten
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What is the “right to be forgotten”?
A. The right to control one’s personal information offline
B. The right to remove personal data from public records and online platforms
C. The right to publish personal data without consent
D. The right to limit others from using personal data for commercial purposes
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Which law in India regulates the collection, storage, and processing of personal data but does not explicitly address the right to be forgotten?
A. Information Technology Rules, 2021
B. Digital Personal Data Protection Act, 2023
C. Right to Privacy Act, 2018
D. Indian Penal Code, 1860
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Under which article of the Indian Constitution is the right to privacy, and by extension, the right to be forgotten, considered to be protected?
A. Article 14
B. Article 19
C. Article 21
D. Article 32
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Why is the “right to be forgotten” considered an important legal issue in the digital age?
A. It helps individuals remove personal data from physical records
B. It ensures personal data remains protected from governmental interference
C. It allows individuals to regain control over their personal information online and prevent misuse
D. It limits the sharing of personal data for commercial purposes only
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