Archive · 23 Jul 2026
Right to be Forgotten: Balancing Privacy and Public Interest
The right to be forgotten is a legal and moral claim that allows individuals to remove their personal information from online platforms and search engines when it no longer serves a public purpose or infringes on their privacy.
This right is recognized in the European Union and has been evolving in India through judicial decisions.
Privacy advocates argue for a broad application of this right to protect individuals from the enduring consequences of digital permanence, while public interest advocates contend that it should be narrowly applied to ensure the public's right to information and freedom of the press are not unduly restricted.
The right to be forgotten is part of a broader set of fourth-generation human rights that aim to protect individuals in the digital age.
The right to be forgotten allows individuals to remove personal information from online platforms and search engines when it no longer serves a public purpose or infringes on privacy.
This right is recognized in the European Union and has been evolving in India through judicial decisions.
Privacy advocates argue for a broad application of this right to protect individuals from the enduring consequences of digital permanence.
Public interest advocates contend that the right to be forgotten should be narrowly applied to ensure the public's right to information and freedom of the press are not unduly restricted.
The right to be forgotten is part of a broader set of fourth-generation human rights that aim to protect individuals in the digital age.
- Who
- Individuals seeking to remove personal information from online platforms and search engines.
- What
- The right to be forgotten, which allows individuals to request the removal of personal information from online platforms and search engines.
- When
- The right to be forgotten has been recognized in various judicial decisions and legislative frameworks, with recent developments in India and the European Union.
- Where
- The right to be forgotten is recognized in the European Union and has been evolving in India through judicial interpretation.
- Why
- To protect individuals from the enduring consequences of digital permanence and to affirm that the dignity and reputation of individuals deserve protection even after legal vindication.
Privacy Advocates
Public Interest Advocates
Scope of the Right to be Forgotten
Privacy Advocates
Privacy advocates argue that the right to be forgotten should be broadly applied to protect individuals from the enduring consequences of digital permanence, especially in cases where the information no longer serves a public purpose.
Public Interest Advocates
Public interest advocates contend that the right to be forgotten should be narrowly applied to ensure that the public's right to information, freedom of the press, and the principle of open justice are not unduly restricted.
Impact on Freedom of Expression
Privacy Advocates
Privacy advocates maintain that the right to be forgotten does not undermine freedom of expression but rather ensures that individuals have control over their personal information in the digital age.
Public Interest Advocates
Public interest advocates argue that the right to be forgotten can infringe on freedom of expression by limiting access to information that may be of public interest.
- Right to be Forgotten
- The legal and moral claim of individuals to remove their personal information and personal identifiers from internet searches, platforms, and databases when it no longer serves legitimate public interests or infringes privacy.
- Article 21 of the Constitution
- The right to privacy is an integral part of Article 21 of the Constitution, which concerns the right to life.
- General Data Protection Regulation (GDPR)
- The European Union's statutory framework that safeguards the right to protect personal data and for free movement of personal data within the Union.
- Digital Personal Data Protection Act, 2023
- India's first legislative attempt to recognise a limited form of right to be forgotten.
- Fourth-Generation Human Rights
- A new set of rights essential to guard the dignity of individuals in cyberspace, including the right to internet access, protection from cyberattacks, and the right to privacy and protection of personal data.