Know about Right to be Forgotten

Right to be forgotten :

What if you were caught and filmed by traffic police for drunken driving and posted on online platforms, What if your old photographs of yours along with your old spouse effecting your relationship with the new spouse, does this mean mistakes of your personal life remains in public knowledge for generations? The right to be forgotten in short is referred to as RTBF and it guarantees us the right to have private information about a person be removed from Internet searches and other directories under reasonable circumstances.

With the act in place as part of GDPR compliance (Not in India), the platform provider has to delete all the personal data or any other data pertaining to that specific user. However, contrary to the user expectation, users continue to receive quasi-similar experiences while requesting for deletion of data.

Intellectuals across the world have referred this to as “respect to access of information” as an “international human right”. In this modern information technology age, data is touted as Gold and there is enough evidence (proof) that almost all online services that we use today are found to be pressurising users to generate and share data in exchange of monetary fees (monetisation) for those services.

Are we private on social media :

Social media can be handled well, it’s the greatest way to promote a product and make people think of you in a positive way. It can be a great way to get in touch with old friends, or just keep an eye on what your family tree is up to. Based on the interactions on social Media, every behavioural aspect of the individual is being monitored documented & Harvested for a probable commercial use. Technology Organisations are stealing your private words, actions, conversations, photos and then making them public and making them public without context and making them public without compassion. The marketplace has emerged where public shaming is a commodity and shame is an industry. Nowadays Money is made on the clicks, the more shame the more clicks the more the advertising revenue.

Too much information sharing on Social Media leads to few issues like cyberstalking, live location disclosure, social profiling, phishing, identity theft, blackmailing, 3rd party personal information disclosure, and government use of social media platforms in investigations even without a search warrant! If social media platforms are not managed well, they can ruin your life. There is an increasing concern in digital, personal and health wellbeing issues due to the over-usage of social media and these platforms have created chaos for users.

Social media by definition it has a very invasive approach towards privacy and there’s no way to completely block people. There is nothing on the internet that can be permanently erased, it’s wise to keep your social media accounts “Private” unless you’re a celebrity or business owner or Political Party Member, or Social Activist.

Cookies are making us public :

In the pretext of providing better user experience almost all technology companies have fostered the development of cookie like tracking systems that are harder for a user to detect or delete, and can provide marketers with a rich source of data about individual.

The publishing and advertising ecosystem available on all online platforms must reform and gain trust lost due to widespread bad practices. Technology companies should move towards a universal opt-out for users who do not wish themselves to get tracked for good.

Legal Framework in India:

In India, the Right to be Forgotten (RTBF) isn’t clearly defined in the current laws, but it is hinted at in several legal provisions and court decisions. The most relevant legal frameworks include:
(a) The Personal Data Protection Bill, 2019 (PDP Bill) – The PDP Bill is yet to be enacted but aims to provide comprehensive data protection laws in India.
Clause 20: This clause gives individuals the right to restrict or stop the ongoing disclosure of their personal data by a data fiduciary (an entity that processes personal data). It is considered similar to the RTBF, allowing people to request the removal of personal data that is no longer necessary or relevant.
(b) The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – Mandates for Intermediaries: These rules require intermediaries, like social media platforms, to remove content that violates any law. Although they don’t specifically address the RTBF, these rules can be used to remove content that infringes on someone’s privacy or personal data rights.
(c) Judicial Pronouncements – (i) K.S. Puttaswamy v. Union of India (2017): The Supreme Court of India recognised the right to privacy as a fundamental right under the Indian Constitution. This judgment set the stage for privacy rights, including the RTBF. (ii) Subhranshu Rout v. State of Odisha (2020): The Odisha High Court acknowledged the RTBF in the context of removing past criminal records from public access to protect individual privacy.

Challenges and Controversies:

While the RTBF aims to protect individual privacy, its implementation in India faces several challenges and controversies:
(a) Balancing Privacy and Freedom of Expression – Challenge: Balancing the RTBF with the right to freedom of expression and information is a primary concern. Removing content from the internet can conflict with the public’s right to know and the freedom of the press.
(b) Defining the Scope of RTBF – Complexity: Determining when the RTBF applies is complex. Issues include defining what constitutes personal data, assessing the relevance of the data, and deciding the timeframe for which the data should be available.
(c) Enforcement Mechanisms – Need for Robust Systems: Effective implementation of the RTBF requires strong enforcement mechanisms. The PDP Bill proposes creating a Data Protection Authority (DPA) to oversee and enforce data protection laws. The effectiveness of the DPA will depend on its powers, resources, and operational independence.

Social Media Links on Right to be Forgotten :

Conclusion :

End-user is the largest stake holder but they are ill-informed about the consequences of their personal data’s collection, processing, and monetisation. Clause 20 under Chapter V of this Personal Data Protection Draft Bill titled “Rights of Data Principal” mentions the “Right to be Forgotten.” It states that the principal owner of the data shall have the right to restrict or prevent the continuing disclosure of his personal data by online platforms or intermediaries.

We should have technology experts, civil society, academia, judicial experts along with the government to look into all the possible facets of Right to Privacy and Right to be Forgotten and recommend in a suitable manner in which it can provide a guideline that does not hinder the civil rights of citizens. More important is that the legislators should learn how the internet actually works before passing legislation of a global reach.

Law shouldn’t only be seen as an approach to solve the problem. Instead, it is up to the end-users, to understand how valuable their private information and educate themselves on what happens to our personal data if its publicly available.

Reach us at: support@endnowfoundation.org

Anil Rachamalla

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