期刊名称：International Journal of Early Childhood Special Education
电子版ISSN：1308-5581
出版年度：2022
卷号：14
期号：4
页码：2634-2641
DOI：10.9756/INTJECSE/V14I4.363
语种：English
出版社：International Journal of Early Childhood Special Education
摘要：In this technology oriented 21st century, nations worldwide are considering the right to be forgotten for its citizens by incorporating it within the existing legal system. It has gathered immense constructive approach since the evolution of social media and emerging digitalization. India too is considering this right with the proposed Personal Data Protection (PDP) Bill 2019 which may come into effect by end of 2020. Although this right is derived from the European Union’s General Data Protection Regulation (EU-GDPR)- 2016/679, the genesis of its jurisprudence diverges. The right to be forgotten provides the citizens a right to removal of personal content from online database, delisting and re-referencing. However, the international enforceability of the right would be inappropriate in internet user’s context as it may violate the human right to free speech and right to get information of netizens outside of the territorial jurisdiction. Hence, it would suppress the human right to information and right to know, which are embedded in the broader human right to free speech and expression globally. That is why the authors evaluate the implications of these rights and their territorial applicability based on the recent case of Google vs. CNIL(C-507/17).The research also analyses the scope of these right under international laws in a comparative approach. Further it examines the existing provision on right to be forgotten under the PDP Bill 2019 of India along with few stakeholders in order to suggest modifications and review of provision in line with the EU-GDPR.
