MENTORED BY- MS SARITA MAM JI

PRESENTED BY –SURYANSH MISHRA

Right To Be Forgotten And Digital Privacy
RIGHT TO BE FORGOTTEN
It is the right to
remove private
information about a
person available in
public like Internet
and other platforms
Under some
circumstances.
RIGHT TO BE FORGOTTEN…..
• SEXTORTION
• REVENGE ADULT VIDEOS
• FAKE CASE #ME TOO ISSUE
• DEFAMATION

DIGNIFY LIFE IS OUR FUNDAMENTAL

RIGHT
 HOW ISSUE RAISED?

• JORAWAR SINGH MUNDY had now approached the HIGH COURT

claiming that the previous case of 2013 & its judgment appearing on
GOOGLE and INDIAN KANOON has sullied his efforts to get a job even
in which he was acquitted.
 CASE CURRENT STATUS

• Delhi HC observed that there can be “irrepable prejudice” that

may be caused to mundy’s “social life and his carrier
prospects” despite him having been ultimately
acquitted in 2013 case.

• Delhi HC issued INTERIM ORDER to Google and Indian kanoon to

remove the judgment from their result.

• NEXT HEARING WILL BE ON 20 August

RIGHT TO FORGOTTEN STATUS IN INDIA

• IN India there is NO LAW that specifically provides for the right to

be forgotten.
• However the PERSONAL DATA PROTECTION BILL 2019
recognise this right.

Introduced Reffered Report

LOK SABHA DEC 4 2019 Standing committe Dec 11 2019 First day of the last week of
budget session 2020
 JUDICIARY
• Sri Vasunathan v The Registrar General 2017 the
Karnataka High Court recognized RTBF principles in sensitive cases involving women
in general as well highly sensitive cases involving rape or affecting the modesty of the
person.

• SUBHRANSHU ROUT VS STATE OF ODISHA 2020 CASE

the orrisa HC examined the RTBF as a remedy for victims of sexually explicit videos/
pictures often posted on social media platforms bt spurned lovers to intimidate and
harass women
• KS PUTTA SWAMY VS UNION OF INDIA CASE 2017
the SC had clarified that the recognition of right to forgotten “does not
mean that all aspects of earlier existences are to be obliterated as some
may have a social ramification”.
Further it explained “if we were to recognise a similar right it would only
mean that an individual who is no longer desirous of his personal data to
be processed or stored should be able to remove it from the system where
the personal data / information is no longer necessary, relevant, or is
incorrect and serves no legitimate interest.”
 ISSUE IN IMPLEMENTING RTBF

•Right to FREEDOM OF SPEECH AND EXPRESSION

VS RIGHT TO INFORMATION
be PUBLICT INTEREST
forgotten RESEARCH AND DEVELOPMENT

MY OPINION IN RESPECT TO THIS ISSUE….

RIGHT TO BE FORGOTTEN WILL PREVAIL OVER THESE RIGHTS BECAUSE RTBF IS DIRECTLY RELATED TO ARTICLE 21
AND SC IN ITS PREVIOUS JUDGMENT HELD THAT CLASHES B/W 2 F.R ONE WILL PREVAIL OVER OTHER WHICH IS MORE
STRONGER.

ACC SC : LL RIGHTS REVOLVE AROUND ARTICLE 21 WITOUT IT OTHER ARE MEANINGLESS AND IT IS THE MIXTURE OF
VARIOUS RIGHTS LIKE ALLOY.
THANK YOU SO MUCH FOR YOUR ATTENTION