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First Strike at Digital Permanence: Right to be Forgotten

  In 2020, the High Court of Orissa examined the right of a rape victim to be forgotten from the internet, where the court stated, “…information in the public domain is like toothpaste, once it is out of the tube one can’t get it back in and once the information is in the public domain it will never go away” [1] In a time driven by technology, where information about ‘everybody’ is at the tip of fingers, imagine having consent and control over ‘how much information’ and ‘what kind of information’ any third-party witness about you. In an era of digital permanence, having an unsaid gem in your fundamental right that helps you remove any trace, subject to restrictions, of you from the internet. That right is, RIGHT TO BE FORGOTTEN. Right to be forgotten (RTBF) allows individuals (data subjects) to request that their personal information be removed from the Internet (not show up in search engine searches), and seeks to give individual’s increased control over their personal infor...

EVOLUTION OF THE RIGHT TO PRIVACY AND EXPLAINING THE NATIONAL SECURITY IMPLICATIONS OF THE SAME

  INTRODUCTION The term ‘Privacy’ has a multi-faced connotation and is much complex a problem to be reduced to a single essence. Privacy is the right to be let alone, the right to be free from unwarranted public intervention. [1] The concept of privacy was inextricably linked with that of house or property sanctity in the late nineteenth and early twentieth centuries. [2] The Right to Privacy has received considerable attention recently, since it is being considered as an important component of the fundamental right of 'right to life and personal liberty' under Article 21 of the Constitution, together with the freedoms granted by Part III. There has almost been an evolution of the subject as a result of various landmark decisions made over time by the Indian Judiciary. However, since fundamental rights are not absolute in nature [3] , it is necessary to understand that the infringement of Right to Privacy is justified by a compelling state interest [4] . Any topic of publi...