ERASING THE DIGITAL SHADOW: THE RIGHT TO BE FORGOTTEN IN INDIA

The rapid growth of digital technology has fundamentally altered the manner in which personal information is stored, shared, and accessed. In the modern digital era, individuals leave behind permanent online traces through social media platforms, search engines, online databases, and digital communication networks. Unlike traditional forms of information that gradually disappear with time, digital data often remains accessible indefinitely, thereby affecting an individual’s dignity, reputation, employment opportunities, and psychological well-being. This permanence of online information has intensified concerns regarding privacy and informational autonomy, leading to the emergence of the Right to Be Forgotten (RTBF). The Right to Be Forgotten refers to the right of individuals to request the removal, deletion, or de-indexing of personal information from digital platforms when such information becomes outdated, irrelevant, excessive, or harmful. The concept gained international recognition after the landmark judgment in Google Spain SL v. Agencia Española de Protección de Datos (AEPD), where the Court of Justice of the European Union acknowledged the right of individuals to seek removal of certain online search results. In India, although RTBF has not been expressly codified, the Supreme Court’s decision in Justice K.S. Puttaswamy v. Union of India recognized privacy as a fundamental right under Article 21 and laid the constitutional foundation for informational privacy. This paper critically examines the constitutional dimensions, judicial developments, and legal challenges associated with RTBF in India. It further analyzes the tension between privacy and competing principles such as freedom of speech, judicial transparency, and public interest, while emphasizing the need for a balanced and comprehensive legal framework.