Introduction

• The Right to be Forgotten (RTBF) enables individuals to seek the removal, erasure, or de-indexing of personal information from digital platforms when its continued availability causes disproportionate harm and serves no legitimate public interest.
• In Laksh Vir Singh Yadav v. Union of India (2026), the Delhi High Court recognized RTBF as an extension of Article 21 (Right to Life and Personal Liberty).

Constitutional Basis

• Article 21: Protects dignity, privacy, and informational self-determination.
• S. Puttaswamy v. Union of India (2017): Recognized the Right to Privacy as a Fundamental Right.
• DPDP Act, 2023: Provides a statutory framework for personal data protection.
• Delhi High Court (2026): Held that RTBF flows from Article 21 and applies even against private digital platforms.

Significance

• Protects individuals from the permanent digital stigma of past accusations.
• Safeguards the reputation of acquitted persons and victims.
• Prevents unnecessary exposure of private matrimonial and family disputes.
• Upholds human dignity and the constitutional right to informational privacy.

Challenges

• Balancing privacy with freedom of speech (Article 19(1)(a)).
• Conflict with the principle of open justice and judicial transparency.
• Lack of uniform implementation across search engines and digital platforms.
• Delay in operationalizing the DPDP Act and the Data Protection Board.

Way Forward

• Operationalize the DPDP Act, 2023 and establish the Data Protection Board.
• Adopt a tiered grievance mechanism involving platforms, the Board, and courts.
• Prefer name masking and contextual updates over complete deletion of judicial records.
• Develop uniform technical standards for compliance across all digital platforms.
• A Supreme Court ruling should establish a nationwide framework balancing privacy and transparency.

Conclusion

The Right to be Forgotten represents the evolution of the Right to Privacy in the digital era. A balanced approach that protects individual dignity while preserving transparency, free speech, and open justice will be essential for its effective implementation in India.