Delhi High Court informed of the 'right to be forgotton'

Delhi High Court informed of the 'right to be forgotton'

Under the Personal Data Protection Bill 2019, the 'right to privacy' is a fundamental right

The Centre has informed the Delhi High Court that the fundamental right of the Right to Privacy also includes the right to be forgotten and that the Personal Data Protection Bill (PDPB) 2019 contains provisions related to the doctrine.

The development came after the Ministry of Electronics and Information Technology filed an affidavit. It was in response to the plea filed by two businessmen acquitted in a forgery case. They had invoked their right to be forgotten and sought removal of the concerned judgment and news articles from the Internet.

The affidavit read, "The international legal concept of 'right to be forgotten' is evolving in India. That the 'right to privacy is a fundamental right' and it also includes the 'right to be forgotten.'

"The Government of India understands the need to protect its citizens and their privacy and has brought out the PDPB. The Bill contains provisions related to the doctrine of the 'right to be forgotten.'

It was submitted that the Indian courts had also accepted the doctrine of the right to be forgotten as an essential part of the 'right to privacy' by referring to the judgments delivered by the Orissa High Court and the Karnataka High Court.

Furthermore, the Centre had also submitted that the Information Technology Act 2000 provided for blocking of the information for public access through any computer resource and also for removal of certain unlawful information from an intermediary platform.

"It is for the platforms to consider the requests of the petitioner and remove such judgments or orders. The respondent neither plays a significant role nor its presence is required in the matter," the affidavit added.

The petitioners were aggrieved by the continued availability of online articles regarding their past arrest and trial despite being acquitted from the charges.

The plea stated that the availability of articles on online platforms/websites and access from various search engines was adversely impacting their employment, career prospects and personal and social lives.

The plea further averred that the presence of the said judgment and news items on the Internet gave the impression that they were involved in "smuggling/illegal activities."

It was also stated that the petitioners were not involved in India or abroad in any such activities. However, due to the presence of the articles and orders available on the websites, their clients and the government agencies with whom they had business or professional dealings, avoided them under the perception that they had a criminal background.