Right to be Forgotten: Navigating the Right to Privacy and Regulations in Digital India

Abstract

India's rapid proliferation of digitization and the increasing internet access, concerns relating to privacy, data protection, and the right to delete personal information—often called the "Right to Be Forgotten" (RTBF)—have gained significant attention in the digital landscape. Inspired by the landmark decision of the European Court of Justice and the General Data Protection Regulations (GDPR), India has enforced the Digital Personal Data Protection Act (DPDP), 2023 to deal with online digital information concerns like the Right to Privacy, Erasure of data, the Freedom of speech & Expression and Right to Information. In India, Article 21 of the Constitution guarantees the Right to Privacy, which was reinforced by the landmark Puttaswamy judgment (2017) and also affirmed the RTBF. This paper explores the RTBF in the context of digital India, by analyzing its legal foundations, constraints, and effective implications for online content regulation. By establishing a comparative legal analysis of international legal measures, this study further explores that regulatory authority, formulation of explicit guidelines for balancing individual rights, enhancing technological solutions for data erasure, and increasing public awareness are essential steps to ensure effective implementation in the digital era. By navigating the complex interplay between privacy rights and public interest, RTBF can become a robust mechanism for safeguarding digital privacy in India.