LETTING BYGONES BE BYGONES: IMPLEMENTING THE RIGHT TO BE FORGOTTEN IN INDIA

With India’s expanding digital landscape, this paper intends to evaluate how the Right to be Forgotten, a concept that gained considerable recognition through European regulatory frameworks, aligns with India’s legal, cultural, and technological environment. The primary focus is thus limited to the application of this right to the cyber domain. India’s privacy laws are critically analysed to determine whether the essence of this right can be accommodated. The paper also delves deeper into challenges in execution, like the juxtaposition of the contrasting Right to freedom of expression, a fundamental right guaranteed by the Indian Constitution, and the Right to be Forgotten. Recent legal cases involving privacy rights and online information are examined critically alongside international judgements to gauge how Indian courts view the concept. This paper contributes insights into adapting the Right to be Forgotten to India’s unique circumstances, considering implications for individuals, online platforms, and society. It explores the intersection of privacy, digital rights, and free expression.