Right to be Forgotten!

 

DELETE! But What & Why?

 

That’s the dilemma in Right to be Forgotten. Is it Right to Privacy? Or is it an obstruction in Freedom of Speech? 

 

Already Modern Historians have done lot of damage in the World. So, is Right to be Forgotten another trick to obliterate actual Historical Facts whilst rewriting contentious Events?

In Right to be Forgotten, there are two sides, one which says it obstructs Free Speech whilst the other contends it being indispensable giving examples of Revenge Porn, Privacy.

 

Does Right to be Erased mean Erasing merely online links whilst content remaining online but never appearing in search results with specific search? Or erasing in its entirety?

 

EU’s GDRP provides the provision of erasure from search engines read along with Google Spain v. Mario Costeja case. India’s already tabled PDPB ‘19 S.20 has introduced the same concept with some riders & restrictions. In US,  first amendment goes against it.

 

Now, my P.O.V.:

 

World is already inundated with hotchpotch legal proceedings. So why another law?

 

Right to Privacy is already a Fundamental Right (of course subject to restrictions & riders as this ain’t an Absolute Right) that includes disclosure of Personal information/act, which is also covered under IT Act, for eg., under S. 66E or 72. Publishing false data or information is an act of slander/libel/defamation. IP Infringement already defined. All these things could be removed by search engine companies or other social media intermediaries, suo-moto,  acting as controllers, when & where an application is submitted to them by the victim along with exhibits. Simple! 

 

NOW, when it comes to any case law, then it might not be removed for the fact of it becoming case precedence (albeit I ain’t fan of  case precedences at all). W.r.t. social security related issues alike not paying or paying any arrears, & further if one isn’t an absconder or wilful defaulter, & furthermore if that still has been published, like in the case of Google Spain vs. Mario Costeja, then, alas, that’s an archived news material which isn’t false nor invalidated anywhere. But why such informations are even published as news materials? Further, the Government Websites shouldn’t be sub-indexed.  

 

And furthermore I’ve a proposition. Emails/Data of Inactive Accounts should never be deleted, rather been ‘Locked’ with all Privacy Features ENABLED, unless explicitly asked by the Owner to restore it. Make it a one time mandatory payment, whether the User is interested in the provision or not, whilst, consideration would create a contract. 😇      

© Pranav Chaturvedi