BALANCING PRIVACY AND PUBLIC INTEREST: THE EMERGING LANDSCAPE OF THE RIGHT TO BE FORGOTTEN IN INDIA

The digital environment has redefined the contours of privacy by enabling the continuous creation, retention, and dissemination of personal data across global networks. In this se ing, the Right to be Forgo en (RTBF) has emerged as a significant legal doctrine aimed at restoring individual autonomy over personal information that has become outdated, irrelevant, or disproportionately harmful. Recognized most prominently under Article 17 of the European Union’s General Data Protection Regulation, RTBF represents a shift toward safeguarding informational privacy in an era characterized by digital permanence and unrestricted data visibility. Its evolution reflects a broader effort to reconcile individual dignity with competing interests such as freedom of expression, public access to information, and technological limitations inherent in online data management. In India, the legal recognition of RTBF is at a formative stage. Although the Supreme Court’s judgment in Justice K.S. Pu aswamy v. Union of India affirmed privacy as a fundamental right, explicit statutory provisions addressing RTBF remain absent. Judicial decisions have adopted a context-driven approach, highlighting doctrinal tensions between privacy, open justice, and constitutional freedoms. The enactment of the Digital Personal Data Protection Act, 2023, introduces mechanisms for data correction and erasure but stops short of codifying RTBF, leaving uncertainties regarding scope, enforceability, intermediary obligations, and cross-border compliance. This study examines the conceptual foundations, historical evolution, and global regulatory approaches to RTBF, with a specific focus on its emerging trajectory in India. Through doctrinal analysis of statutes, case law, and policy documents, it evaluates the normative and practical challenges in implementing RTBF within a complex constitutional framework. The research aims to identify legal gaps and propose structured reforms to support a balanced model that protects individual privacy while upholding transparency, free expression, and democratic accountability.

• Junaid Malika, Department of Law, Aligarh Muslim University, Aligarh-202002, U.P., INDIA
• Mohammad Nasir, Department of Law, Aligarh Muslim University, Aligarh-202002, U.P., INDIA

Junaid Malika, Mohammad Nasir, “BALANCING PRIVACY AND PUBLIC INTEREST: THE EMERGING LANDSCAPE OF THE RIGHT TO BE FORGOTTEN IN INDIA,” IPEM Law Journal, vol. 9, pp. 56–68, Dec. 2025, doi: