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Internet Freedom Foundation (IFF), a voluntary group, had moved the Delhi High Court to join proceedings in a case where a petitioner had sought to make the "Right to be Forgotten" legal in the country. The voluntary group, which campaigned against Facebook's Free Basics, feels the creation of such a legal framework would empower private individuals to remove public content from the internet.
This would undermine the right to free expression and right to information. The foundation said any determination on the, “Right to be Forgotten” will also concern the removal of content, which will create the power of censorship over the internet. Further, it said the “right to be forgotten” would restrict the right to receive information under Article 19(1)(a), which will directly impact internet users. This follows a May 2014 judgment by the Court of Justice of the European Union upholding such a right, which requires online search engines to remove specific search results involving personal details of individuals, when requested to do so, unless it is in the public interest to continue displaying the information.
IFF said the EU judgment was based on Data Protection Directive, a 1995 EU regulation, but this was not the case in India, because it does not have a privacy law. “If the right to be forgotten is made legal… it is likely to be misused by public figures, who can then request to take down public information regarding them," the foundation said. Such a right should be made legal only on the basis of statutory regulations, or as part of a comprehensive privacy law, the foundation said.
What is 'Right to be forgotten'?
It has been defined as "the right to silence on past events in life that are no longer occurring." The right to be forgotten leads to allowing individuals to have information, videos or photographs about themselves deleted from certain internet records so that they cannot be found by search engines.
Last week Google revealed that since it began in 2014 almost 400,000 requesters have sought the delisting of about 2.4m items (URLs). Google’s criteria for delisting were met in 43% of cases.The requests related mainly to France (20.4%), Germany (17.3%) and the UK (12.9%).
By: Jasmeet Singh ProfileResourcesReport error
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