Right to be Forgotten: A Legitimate Sine-Qua-Non-In Indian Law

  • Raja Digbijay Kishore Dash and Suman Mohanty
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  • Raja Digbijay Kishore Dash

    Advocate at Orissa High Court, India.

  • Suman Mohanty

    Advocate at Orissa High Court, India.

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Abstract

It is now possible to obtain almost any bit of information from the internet. The internet has revolutionized the world, and tides keep turning in its favour. Personal information is increasingly stored online. Now the typical experience in the human brain is remembering-by-by-default, rather than by default. When it comes to social media, people care more about their information leaving an indelible digital trace because of the age of digital technology. When introduced into the EU, the "Right to Erasure" was hailed as a new data privacy day. According to the above, the creation of the GDPR, individuals in certain circumstances had "the right to be forgotten". The author argues in favour of enforcing such a right as it is legally correct, discussing possible legal issues associated with obstacles. This paper will provide analysis of such a right in the “European Union” with reference to the court decision of the EU. Also, the paper will address arguments for and discuss whether or not it is a fundamental right in India.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 929 - 943

DOI: https://doij.org/10.10000/IJLMH.112348

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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