Is the Right to be Forgotten a Fundamental Aspect of Modern Tech and IT, and Can It Be Considered a Right to Life and Personal Liberty?

Question from bha, Is the Right to be Forgotten a Fundamental Aspect of Modern Tech and IT, and Can It Be Considered a Right to Life and Personal Liberty?

Answer from AI:

The “Right to be Forgotten” is a concept that has emerged in the digital age, where personal information is often widely available online. This right allows individuals to request that certain personal data be removed from internet search results or websites. The question of whether this right can be considered a fundamental right within the scope of the right to life and personal liberty is complex and depends on the jurisdiction.

European Union

In the European Union, the Right to be Forgotten is recognized under the General Data Protection Regulation (GDPR). The GDPR provides individuals with the right to have their personal data erased in certain circumstances, such as when the data is no longer necessary for the purpose it was collected, or the individual withdraws their consent.

• Article 17 of the GDPR outlines the conditions under which the right to erasure applies.

However, this right is not absolute and must be balanced against other fundamental rights, such as the freedom of expression and information.

United States

In the United States, there is currently no federal law that recognizes the Right to be Forgotten. The First Amendment, which protects freedom of speech, has been a significant barrier to implementing such a right. However, some states have enacted laws that allow for certain types of information to be removed from the internet, such as revenge porn or information about minors.

India

In India, the Right to be Forgotten is not explicitly recognized in law. However, the Indian Supreme Court has recognized a right to privacy, which could potentially encompass the Right to be Forgotten. The Personal Data Protection Bill, 2019, currently under consideration, does include provisions related to the Right to be Forgotten.

Implications for Tech and IT

The Right to be Forgotten has significant implications for the tech and IT industries. Companies that handle personal data must be aware of the laws in the jurisdictions they operate in and ensure they have processes in place to handle requests for data erasure.

Legal advice may be necessary to understand the specific obligations and potential liabilities related to the Right to be Forgotten. It is recommended that individuals and companies consult with a legal professional for personalized advice.

In conclusion, whether the Right to be Forgotten can be seen as an essential aspect in the modern-day tech-oriented and IT-driven world and be granted the status of a Fundamental Right within the scope and boundaries of Right to Life and Personal Liberty largely depends on the jurisdiction and the interpretation of existing laws and rights.