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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 HC The 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 General Karnataka 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.

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