Key issues in news: Right to be Forgotten (RTBF)
(Very Important topic for UPSC Mains)
(A thread)
(Very Important topic for UPSC Mains)
(A thread)
Relevance -
In K.S. Puttaswamy v. Union of India case, Supreme Court recognised Right to be Forgotten (RTBF) as part of right to life under Article 21.
What is RTBF?
It empowers individuals to ask organisations (like google) to delete their personal data.
In K.S. Puttaswamy v. Union of India case, Supreme Court recognised Right to be Forgotten (RTBF) as part of right to life under Article 21.
What is RTBF?
It empowers individuals to ask organisations (like google) to delete their personal data.
Draft Personal Data Protection Bill 2018 (Based on BN Srikrishna Committee report) refers RTBF as the ability of an individual to limit, delink, delete, or correct the disclosure of the personal information on the internet that is misleading, embarrassing, or irrelevant.
International context -
• The "right to be forgotten" was first established in May 2014 in the European Union as the result of a ruling by the European Court of Justice.
• The ‘right to erasure’ in General Data Protection Regulation 2018 adopted by EU is simlar to the RTBF.
• The "right to be forgotten" was first established in May 2014 in the European Union as the result of a ruling by the European Court of Justice.
• The ‘right to erasure’ in General Data Protection Regulation 2018 adopted by EU is simlar to the RTBF.
• Russia passed a law in 2015 that allows citizens to delist a link from Russian search engines if it “violates Russian laws or if the information is false or has become obsolete”,
• Turkey and Serbia have also established their versions of right to be forgotten.
• Turkey and Serbia have also established their versions of right to be forgotten.
Issues associated
• Right to be forgotten gets in conflict with the right to information
• It is alo in conflict with freedom of speech
• Scattered data on internet makes it near impossible to erase data from different websites
• Deleted data can be uploaded again
• Right to be forgotten gets in conflict with the right to information
• It is alo in conflict with freedom of speech
• Scattered data on internet makes it near impossible to erase data from different websites
• Deleted data can be uploaded again
Way forward
• Balancing right to privacy and freedom of speech/ RTI.
• Strong Data Protection Policy - to prevent misuse, leakage of data.
• Balance between RTBF & public interest: If the information is of public interest, the right to information should prevails over RTBF.
• Balancing right to privacy and freedom of speech/ RTI.
• Strong Data Protection Policy - to prevent misuse, leakage of data.
• Balance between RTBF & public interest: If the information is of public interest, the right to information should prevails over RTBF.
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