NATIONAL LAW UNIVERSITY, JODHPUR

SYNOPSIS

ERASING THE PAST: AN EXAMINATION OF THE RIGHT TO BE

FORGOTTEN WITH REFERENCE TO THE CRIMINAL PROCEDURE
(IDENTIFICATION) ACT, 2022

Submitted by- Submitted to-

Mansi Jain Ms. Preeti Badola
Roll No. 1622 Assistant Professor
B.B.A. LL.B. (IP Law Hons.) Faculty of Law

National Law University, Jodhpur

Winter Session
(Jan. – May, 2023)

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 TABLE OF CONTENTS

Table of Contents 2

Problem Statement 3

Introduction 4

Part 1 4

Part 2 5

Research Objective and Scope of Research 5

Research Methodology 5

Gaps in knowledge: 5

Justification for the current study: 6

Methodology: 6

Research Questions 6

Tentative Chapterization 7

Chapter 1: Introduction 7

Chapter 2: Theoretical framework 7

Chapter 3: Right to be Forgotten and the Right to Life and Personal Liberty 7

Chapter 4: Analysis of the Criminal Procedure (Identification) Act, 2022 7

Chapter 5: Right to be Forgotten and the Right to Freedom of Expression and Information7

Chapter 6: Conclusion 8

Literature Review 9

Books Error! Bookmark not defined.

Journals Error! Bookmark not defined.

Bibliography 10

Online Resources 10

Books 10

Cases 10

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 PROBLEM STATEMENT

The purpose of this study is to critically analyse the provisions of the Act in light of the Right
to be Forgotten and determine its implications on the privacy and rehabilitation of convicts
and accused persons. The research will examine the provisions of the Act and the judicial
precedents to assess the compatibility of the Act with the Right to be Forgotten and the
protection of privacy. Additionally, the study will identify gaps in the current legislation and
suggest areas of improvement to ensure that the rights of convicts and accused persons are
protected while fulfilling the purpose of the Act.

The recent Criminal Procedure (Identification) Act, 2022, has raised several questions
regarding the protection of privacy and the Right to be Forgotten of convicts and accused
persons. While the scope of Supreme Court of India recognized “Right to be Forgotten” as
part of the Right to Life under Article 21, the provisions of the Criminal Procedure
(Identification) Act, 2022, may conflict with this right.

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 INTRODUCTION

PART 1
The Right to be Forgotten is a concept that has gained immense importance in recent times,
especially with the increasing use of technology and the internet. The idea of having the
power to control one's own personal information and the ability to have it removed from
public records has been a topic of much debate and discussion. The European Union was the
first to establish the concept of the Right to be Forgotten in May 2014. However, there is still
no formal legislation in India that recognizes the need for this right. But the judicial
precedents lead towards the acceptance of the right.

In the landmark case of K.S. Puttaswamy v. Union of India1, the Supreme Court recognized
the Right to be Forgotten as part of the Right to life under Article 21. The Court stated that
the Right to be Forgotten was subject to certain restrictions and that it could not be used if the
material in question was required for the exercise of freedom of expression and information,
fulfillment of legal responsibilities, execution of a duty in the public interest or public health,
protection of information in the public interest, for scientific or historical study, or for
statistical purposes, or for the establishment, execution, or defense of legal claims.

Further, in various judgments like in Sredharan T v. State Of Kerala2, Sri Vasunathan v.

Registrar General3, V. vs. High Court of Karnataka4, Subranshu Raot v. State of Odisha5,
the courts in India recognised the 'Right to be Forgotten' as a part of the Right to privacy.

Similarly, the Personal Data Protection Bill, 2022, provides for the right to erasure or "to be
forgotten" which is the right of data principal to have their personal data corrected or deleted.
The conflation between the general right to erasure with the Right to be Forgotten, which is
specific to disclosure of personal data, has raised concerns about the right to freedom of
speech and expression of other individuals.

However, is this right not extended to offenders?

1
(2017) 10 SCC 1.
2
Writ Petition No. 9478 of 2016.
3
2017 SCC Online Kar 424.
4
BLAPL No.4592/2020.
5
2020 SCC OnLine Ori 878.

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PART 2
The Criminal Procedure (Identification) Act, 2022, empowers police officers or prison
officers to collect certain identifiable information from convicts or those who have been
arrested for an offense. The Act allows for the retention of this data for 75 years under its
Section 4(2) and it would be deleted only upon final acquittal or discharge of the person
arrested for an offense. The Act raises questions about the privacy of such persons as
guaranteed by Article 21 of the Constitution of India. Hence, a petition challenging the
Criminal Procedure (Identification) Act, 2022 was filed by advocate Harshit Goel6 before the
Delhi High Court.

In this research paper, the provisions of the Criminal Procedure (Identification) Act, 2022,
will be critically analyzed in light of the Right to be Forgotten. The four-fold test of the
doctrine of proportionality laid down by the Supreme Court in the case of K.S. Puttaswamy
v. Union of India will be applied to the Act to determine its compliance with the Right to be
Forgotten. The paper will also examine the loopholes in the Act and its impact on the rights
of accused persons.

RESEARCH OBJECTIVE AND SCOPE OF RESEARCH

The purpose of the research paper include an examination of the judicial precedents
established by the Supreme Court of India, and the recent Personal Data Protection Bill that
provides for the right to erasure or "to be forgotten" with reference to the global position.

The research paper will also examine the existing gaps and loopholes in the Criminal
Procedure (Identification) Act, 2022 and the impact of the Act on the privacy of the accused
and convicts. The research paper will seek to provide a comprehensive analysis of the
provisions of the Criminal Procedure (Identification) Act, 2022 and to determine whether the
provisions of the Act are in line with the right to be forgotten and the right to privacy.

RESEARCH METHODOLOGY

GAPS IN KNOWLEDGE:

The Right to be Forgotten has not been explicitly established as a fundamental right in India.
While the Supreme Court in the landmark case of K.S. Puttaswamy v. Union of India

6
Writ Petition, Delhi High Court, 2022.

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recognized the Right to be Forgotten as part of the Right to life under Article 21, there is still
a lack of clarity on the extent to which it can be exercised.

The Criminal Procedure (Identification) Act, 2022, which deals with the collection of
identifiable information from convicts or those arrested for an offence, has not been
thoroughly analysed in light of the Right to be Forgotten. There is a need to examine the
provisions of the act to determine if it passes the four-fold test of the doctrine of
proportionality as laid down by the Supreme Court.

JUSTIFICATION FOR THE CURRENT STUDY:

The study will provide a comprehensive understanding of the act and its provisions, as well
as the extent to which they are in line with the Right to be Forgotten. This research paper will
fill the gap in knowledge on the Right to be Forgotten framework in India and its impact the
provisions of the Criminal Procedure (Identification) Act, 2022 by critical analysis.

METHODOLOGY:

This research paper will adopt a qualitative research approach, using a mix of secondary and
primary data sources. Secondary data sources include academic journals, books, articles, and
previous studies on the Right to be Forgotten and the Criminal Procedure (Identification) Act,
2022. Primary data sources include the act itself, the Personal Data Protection Bill, 2022, and
relevant judicial precedents in India

RESEARCH QUESTIONS

1. What is the current legal status of the concept of “Right to be Forgotten” evolved over
the years in India,?
2. To what extent does the Criminal Procedure Identification Act, 2022 impact the right
to be forgotten of convicts or those who have been arrested for an offense?
3. How does the Act balance the right to be forgotten of accused persons with the four-
fold test of doctrine of proportionality as laid down in K.S. Puttaswamy v. Union of
India and the need for law enforcement agencies to maintain records for legal
purposes?

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 TENTATIVE CHAPTERIZATION

CHAPTER 1: INTRODUCTION
 Brief overview of the concept of Right to be Forgotten
 Objective and scope of the research paper
 Research questions
 Gaps in knowledge and justification for the current study
 Methodology

CHAPTER 2: THEORETICAL FRAMEWORK

 Overview of Right to be Forgotten
 Historical development of the concept
 The concept of Right to be Forgotten in India and abroad
 Overview of the Right to be Forgotten in the European Union and the United States of
America
 Legal provisions and judicial precedents relating to Right to be forgotten

CHAPTER 3: RIGHT TO BE FORGOTTEN AND THE RIGHT TO LIFE AND PERSONAL

LIBERTY
 Overview of the Right to Life and Personal Liberty
 Analysis of the Right to be forgotten as part of the Right to Life and Personal Liberty
 Interplay between Right to be forgotten and Right to Privacy

CHAPTER 4: ANALYSIS OF THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT,

2022
 Overview of the Criminal Procedure (Identification) Act, 2022
 Provisions of the Act related to collection and storage of identifiable information
 Limitations and restrictions imposed by the Act
 Analysis of the provisions of the Act in light of the Right to be forgotten

CHAPTER 5: RIGHT TO BE FORGOTTEN AND THE RIGHT TO FREEDOM OF

EXPRESSION AND INFORMATION
 Overview of the Right to Freedom of Expression and Information

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  Analysis of the interplay between the Right to be forgotten and the Right to Freedom
of Expression and Information

CHAPTER 6: CONCLUSION
 Summary of the key findings of the research
 Limitations of the study
 Implications for future research
 Recommendations

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 LITERATURE REVIEW

1. "The Right to Be Forgotten: The Concept, Its Implications and Implications for
India" by Yashwardhan Jain (2018)

This book provides a comprehensive analysis of the right to be forgotten in the context of
India, exploring its meaning, history, and implementation in India. It also provides insights
into the challenges faced in implementing the right to be forgotten in India and the
implications of the right on privacy and freedom of expression.

2. Harshit Goel v. Union of India

The petition challenges various provisions of the Criminal Procedure (Identification) Act
2022 such as, persons who are not involved in criminal proceedings in fact are subject to a
greater degree of infringement of their right to privacy, than non-convicted suspects who
were at some point arrested for an offence. This is manifestly arbitrary as it does not disclose
a determining principle for such differentiation and thus is bad in law

3. Justice K.S. Puttaswamy (Retd) v. Union of India

In this case, the Supreme Court of India recognized the right to privacy as a fundamental
right protected under the Constitution. The court also acknowledged the right to be forgotten
as a component of privacy, and stated that it may be necessary to balance this right with the
right to freedom of expression.

4. Selvi v. State of Karnataka7

This case dealt with the issue of narco-analysis tests being conducted on suspects without
their consent, and held that such tests violated the privacy rights of prisoners.

5. "The Right to be Forgotten in India: A Study of its Legal and Technical

Implications" by Manoj Kumar in the Indian Journal of Computer Science and
Engineering (2018)

This article provides a technical perspective on the right to be forgotten in India, examining
the legal and technical implications of the right. The article also provides insights into the
challenges faced in implementing the right to be forgotten in India from a technical
standpoint.

7
(2010) 7 SCC 263.

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 BIBLIOGRAPHY

ONLINE RESOURCES
 Manupatra Articles
 SCC Blogs
 Mondaq.com
 SSRN (Social Science Research Network)
 Google Scholar
 LexisNexis
 HeinOnline
 The European Data Protection Supervisor
 Electronic Privacy Information Center (EPIC)
 Centre for Digital Rights
 Oxford Internet Institute.
 American Civil Liberties Union (ACLU)

BOOKS
 "The Right to Privacy" by Justice A. S. Anand
 "Protecting Privacy in Criminal Justice Information Systems" by National Institute of
Justice
 "Right to be Forgotten: An Indian Perspective" by Janhit Manch
 "The Right to be Forgotten in the Age of Big Data: A comparative analysis of the EU
and the US" by Antoinette Rouvroy and Thomas Berns

CASES
 Harshit Goel v. Union of India
 K.S. Puttaswamy v. Union of India
 Sredharan T v. State Of Kerala
 V. vs. High Court of Karnataka
 Subranshu Raot v. State of Odisha
 Google Spain SL, Google Inc. v Agencia Española de Protección de Datos (AEPD)
and Mario Costeja González (2014)
 N v Facebook Ireland Ltd and Schrems (2015)
 Riley v. California (2014)

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