Why in News?  The Supreme Court has recently agreed and decided to examine an important issue in connection with the right to be forgotten of an accused who sought removal of his name from the judgments from the public domain, after his acquittal in a rape case.

The “right to be forgotten” and the “right to be let alone” are privacy rights that have been discussed and interpreted by the Supreme Court of India in various judgments

What is right to be forgotten?

• The “right to be forgotten” is the concept that an individual’s personal data stored by an organization or service provider has to be erased on the individual’s request.
• It is a legal right granted under the General Data Protection Regulation (GDPR), which protects the personal data of individuals in the European Union (EU).

Supreme court’s Interpretation :

Right to be Forgotten:

Justice K.S. Puttaswamy (Retd.) vs Union of India (2017):

• In this landmark judgment, the Supreme Court recognized the right to privacy as a fundamental right under Article 21 of the Constitution of India. The Court highlighted various facets of privacy, including the “right to be forgotten.”
• The judgment mentioned that the right to be forgotten is an essential part of an individual’s right to privacy, allowing individuals to request the removal of their personal data from the internet and other public platforms when it is no longer relevant.

Subhranshu Rout vs. State of Odisha (2020):

• The Orissa High Court recognized the right to be forgotten in this case. The petitioner sought to remove his name from a judgment available online, arguing that the continued availability of the judgment infringed on his privacy and was causing unwarranted hardship.
• The Court acknowledged the importance of balancing the right to privacy with the right to information and the freedom of the press.

Right to be Let Alone:

Gobind vs. State of Madhya Pradesh (1975):

• This case was one of the early instances where the Supreme Court discussed the right to privacy and, by extension, the right to be let alone. The Court acknowledged that privacy is an essential component of personal liberty, though it did not explicitly recognize it as a fundamental right at that time.
• The judgment laid the groundwork for future interpretations of privacy rights, emphasizing that the right to personal liberty includes the right to be free from unwarranted intrusions.

1. Rajagopal vs. State of Tamil Nadu (1994):

Also known as the “Auto Shankar case,” this judgment is significant for the right to privacy and the right to be let alone. The Supreme Court held that the right to privacy includes the right to be let alone and that unauthorized publication of private information without consent constitutes a violation of privacy.

The Court balanced the right to privacy with the freedom of the press, stating that the press has no right to publish private information that is not related to public interest or public duties of individuals.