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Right to be forgotten in case of search engines: Emerging trends in India as compared to the EU
Journal of Data Protection & Privacy,
5
(3),
297-309
(2023)
Abstract
In India, the right to be forgotten (RTBF) is relatively new and has been discussed in different courts. A timely discussion concerning RTBF in India is necessary as several judgments are beginning to shape its dimensions. Further, India is considering enacting comprehensive data protection legislation. Comparing the developments in India to the rich and long-standing jurisprudence on RTBF in the European Union (EU) can help shape the discourse in India. RTBF has been established and exercised in the EU for almost a decade. In fact, the EU has had a right to erasure since 1995. Thus, this paper examines how India and the EU have handled RTBF. The paper considers a data fiduciary in India (or a data controller in the EU), namely search engines. The paper compares India with the EU and suggests the way ahead for RTBF in India. It reflects on the fact that the implementation of RTBF would depend on the nature of data fiduciaries and their services.
Keywords: Data Protection Bill; 2021; European Union; General Data Protection Regulation; India; right to erasure; right to be forgotten
The full article is available to subscribers to the journal.
Author's Biography
Indranath Gupta is a professor of law at Jindal Global Law School and Dean of Research at O.P. Jindal Global University (JGU). He holds the Jean Monnet Chair in Multi-dimensional Approaches to the Understanding of the EU Data Protection Framework. He is Co-Director, Jindal Initiative on Research in IP and Competition (JIRICO) and a senior fellow at the Jindal Institute of Behavioural Sciences (JIBS). He holds a PhD from Brunel University, London, and two LLM degrees (taught and research) from the University of Aberdeen, UK, and the University of East Anglia, UK. He specialises in technology law and aspects of intellectual property law. He is working on externally funded projects, including a research project with researchers of Nanyang Technological University in Singapore on cases of copyright infringement on online platforms. Other projects include intermediary liability and free speech and FRAND licensing in the ICT sector.
Paarth Naithani is an academic tutor and Teaching & Research for Intellectual Pursuit (TRIP) Fellow at Jindal Global Law School, O.P. Jindal Global University (JGU) and Research Fellow with the Jean Monnet Chair in Multi-dimensional Approaches to the Understanding of the EU Data Protection Framework at JGU. Paarth holds an LLM in intellectual property and technology law from JGU. He has an academic interest in data protection law and technology law.
