Have you ever Googled your name and found an embarrassing old post or a news article you’d rather forget? What if you could make it disappear? That’s the essence of the Right to Be Forgotten (RTBF),but it’s not as simple as hitting delete.
What is the Right to Be Forgotten?
The RTBF is a privacy right under the General Data Protection Regulation (GDPR), allowing individuals to request the deletion of their personal data when it’s no longer relevant or necessary.
It became famous after the Google Spain v. Mario Costeja González (2014) case, where the EU Court of Justice ruled that search engines must consider delisting outdated or irrelevant results tied to individuals.
Real-Life Examples
- A professional requests Google to remove links to an old bankruptcy report that harms their career, even though they’ve long recovered.
- A woman asks Facebook to erase photos uploaded without her consent years ago.
- An ex-convict seeks removal of news articles about a crime committed decades earlier to rebuild his life.
Limitations of RTBF
But RTBF isn’t absolute. It requires balancing individual privacy with freedom of expression and the public’s right to information.
When Requests Can Be Denied:
- If the data is in the public interest (e.g., politicians, celebrities).
- If there’s a legal obligation to retain the data.
- If the information is necessary for freedom of expression or scientific/historical research.
“There is no absolute right to be forgotten. It’s about striking a balance between privacy and other fundamental rights.” – European Data Protection Board (EDPB)
RTBF in India
India’s Digital Personal Data Protection Act, 2023 (DPDPA) introduces a similar concept“Right to Erasure”—but it’s still evolving, and courts have been cautious about applying it broadly.
“Information on the internet never truly dies. RTBF is about creating a second chance, but not rewriting history.” – Justice B.N. Srikrishna, Chair of DPDPA Committee
Key Stats
- Over 1.4 million RTBF requests received by Google since 2014 (Google Transparency Report).
- 47% of requests granted, 53% rejected due to public interest concerns.
Conclusion: A Right with Responsibility
The Right to Be Forgotten isn’t a magic eraser for your online past—it’s a nuanced tool to protect privacy in a digital world. Knowing its scope and limits is key.
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References:
- GDPR ➝ https://gdpr-info.eu/
- DPDPA ➝ https://www.meity.gov.in/
- Google Transparency Report ➝ https://transparencyreport.google.com/eu-privacy/overview
By Manav Sapra
