THE RIGHT TO BE FORGOTTEN: A COMPARATIVE ANALYSIS OF EU AND INDIA’S APPROACH
AUTHOR – ROSHNI AGARWAL, STUDENT AT AMITY UNIVERSITY
BEST CITATION – ROSHNI AGARWAL, THE RIGHT TO BE FORGOTTEN: A COMPARATIVE ANALYSIS OF EU AND INDIA’S APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 949-959, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
The rapid expansion of digital technologies and the internet has fundamentally transformed the way personal information is created, stored, and disseminated. In this evolving digital ecosystem, the concept of the RTBF has emerged as a critical component of informational privacy, enabling individuals to seek erasure or restriction of access to personal data that is no longer necessary, relevant, or accurate. This dissertation examines the legal foundations, scope, and challenges associated with the RTBF, with a particular focus on the Indian legal framework in comparison with international developments.
The study traces the evolution of the right to privacy in India, culminating in its recognition as a fundamental right under Article 21 of the Constitution by the Supreme Court in the landmark judgment of Justice K.S. Puttaswamy v. Union of India. Building upon this constitutional foundation, the research explores how Indian courts have gradually engaged with RTBF claims, particularly in cases involving digital records, reputational harm, and the accessibility of judicial decisions through online platforms.
A comparative analysis is undertaken with the European Union’s robust data protection regime, especially the General Data Protection Regulation, which explicitly recognizes the right to erasure. The dissertation critically evaluates the applicability of such a framework in India, considering the enactment of the Digital Personal Data Protection Act, 2023, and its implications for balancing individual privacy with competing interests such as freedom of expression, public access to information, and judicial transparency.
Furthermore, the study highlights the technological and practical challenges in implementing RTBF, including issues of data replication, search engine indexing, and jurisdictional limitations. It also examines the tension between the permanence of judicial records and the need to protect individual dignity and autonomy in the digital age.
The dissertation concludes that while India has made significant strides in recognizing privacy rights, the operationalization of RTBF remains fragmented and evolving. It underscores the need for a coherent legal framework, clear judicial guidelines, and technological accountability to ensure an effective balance between privacy rights and the broader public interest.
Keywords: Right to Be Forgotten, Right to Privacy, Data Protection, General Data Protection Regulation, Article 21, Data Erasure, European Union