Issues 4:
To what extend does Right to privacy and Right to be
forgotten differ from each other and whether Right to be
forgotten could be included within the domain and scope
of right to be privacy or not?
It is most humbly submitted before the Hon‘ble court that
right to be forgotten is included within the domain and
scope of right to privacy. Privacy is a broad concept
relating to the protection of individual personals rights.
¢ In K.S Puttaswamy v. UOI
Supreme Court declared RTBF as broader party of RTP.
Right to privacy is a fundamental right and it will be
include in the Right to life and Personal liberty under the
Article 21 of Indian constitution.
+ On one hand Orissa and Karnataka H.C accepted
doctrine of RTBF as essential part of Right to privacy
under article 21 Right to life and Personal liberty.
Like in, Zulfiquar Ahamd Khan v. Quintillion Business
Media pvt Itd
In the above mentioned case court directed media
platform to take down the article where harassment
allegation were published.
+ In Karthick Theodore vy. Madras HCThe Madras High Court held in the case that an accused
individual is entitled to have their name deleted from
rulings or decrees, particularly those that are visible in the
public domain and accessible through web search tools.
Court noted that it is the Court’s responsibility to protect
people’s rights to privacy and reputation until the Data
Protection Act is approved by the legislative body. When
the council approves the Data Protection Regime, it
should include an objective approach for dealing with
requests for the suppression of names of those who have
been accused of crimes but have been found not guilty.
* RTBF is subset of Right to privacy which is basic
right under article 21 of Indian constitution
However it was unclear whether RTBF is basic right in
India. Due to B.N. Shrikrisha committee recommendation
PDP bill,2019 was established and it became statutory
right on August 2023 after Indian president Droupadi
Murmu granted assent to DPDPB.
= Digital Personal Data Protection Bill (DPDPB)
The primary purpose of the Act is to regulate the
processing of digital personal data and respect individuals'
right to protect their data while recognizing the necessity
of processing and using such data for lawful
purposes. The language employed in the Act is simple and
straightforward, ensuring easy comprehension for all.
Moreover, the Act aims to establish a comprehensive
legal framework to govern digital personal data protection
in India.
+ In X v. Registrar GeneralKarnataka HC recognized RTBF as important in heinous
crime committed against women. The court state: if
RTBF is not recognized in matter like present any accused
will outrage the modesty of women and misuse same in
cyber space unhindered.
« The internet has opened up the possibility for a wealth
of personal and other sensitive information to be
made accessible to the world at large. At the same
time, the publication of information obtained
unlawfully e.g. as a result of hacking personal
computers or unauthorized access to government
files, may well be in the public interest and therefore
justified.