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Q.2) What is right to be forgotten and how it is related to the right to privacy? Examine the issues related to the implementation of the right to be forgotten. (10 Marks)

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Swatantra

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  • https://www.thehindu.com/opinion/op-ed/acquitted-but-not-forgotten/article34834341.ece
  • In the intro, mention the recent Delhi High Court judgement about removal of its own judgment from the internet to honour the right to be forgotten of a person.
  • In the body, mention the 2017 judgement by the Supreme Court recognising the right to be forgotten of the person as a part of right to privacy, in the next part, mention the issue related to implementation such as limits due to countervailing rights such as right to free speech, whether the content serves the public purpose, concept of fair criticism and accountability etc.
  • Conclude by mentioning the need to strike the balance between privacy and public interest.

Comments

38 responses to “Q.2) What is right to be forgotten and how it is related to the right to privacy? Examine the issues related to the implementation of the right to be forgotten. (10 Marks)”

  1. Vishal Nagle Avatar
    Vishal Nagle

    Ref id 422329
    Please review

    1. Swatantra Avatar
      Swatantra

      Vishal

      You have explained some points but missed some. Introduction is good, link with current affairs by mentioning Delhi HC judgement of deleting the whole judgement from record in which the petitioner was acquitted after he filed a petition demanding the same.

      Question is about right to forgotten, so mention SC judgement also where it was declared as a subset of right to privacy.

      In issues mention some contradictions between right to forgotten and right to free speech, also you cannot demand to be forgotten if your case serves a public purpose.

      Go through the article once, you will understand some contradictions.

      Way forward is fine.

      Keep writing. Read some other answers. 🙂

  2. Santosh kharat Avatar
    Santosh kharat

    Payment I’d 11500045817

    1. Swatantra Avatar
      Swatantra

      Santosh

      You have written well, content is good.

      Write few lines about why right to be forgotten is required.

      Issues mentioned are good, you can mention about the contradiction when right to be forgotten comes in conflict with the presence of identity, details etc serves a public purpose.

      Way forward is fine. You can work on improving the presentation of the answer.

      Good attempt. Keep writing. 🙂

  3. SUMITA DOWERAH Avatar
    SUMITA DOWERAH

    Payment Id: pay HFrdyJMOEZ9967. Please review, Sir.

    1. Swatantra Avatar
      Swatantra

      Sumita

      You have mentioned most points. Good attempt.

      Write a few lines on why we need a right to be forgotten in the first place. You can write it after introduction.

      Rest of the points are good. Not much change needed.

      Read some other answers. Keep writing. 🙂

  4. Gauri Shankar Meena Avatar
    Gauri Shankar Meena

    Payment Id pay_HHlJ1R1WIIMdGT

    1. Swatantra Avatar
      Swatantra

      Gauri Shankar

      Nice attempt. In introduction, mention about the recent Delhi HC judgement where it ordered deletion of its full judgement from public domain when an acquitted person filed the petition demanding it. Link answers with current affairs, it will give you some extra marks.

      After introduction you can write a few lines about why in the first place we need a right to be forgotten.

      You can add some points in issues such as – criticism of public figures etc will be in jeopardy, also deleting data which serves a public purpose is not desirable. Rest of the points are good.

      Conclusion is good.

      Read some other answers. Keep writing. 🙂

  5. Anupam Singh Avatar
    Anupam Singh

    Refid# 422544

    1. Swatantra Avatar
      Swatantra

      Anupam

      Nice attempt. In introduction, mention about the recent Delhi HC judgement where it ordered deletion of its full judgement from public domain when an acquitted person filed the petition demanding it. Link answers with current affairs, it will give you some extra marks.

      You can also mention briefly about why right to be forgotten is needed.

      In issues, both points are good but you can add some such as whether the content serves the public purpose, concept of fair criticism and accountability should also be taken care of. Also mention article 19,with which it comes in direct conflict.

      Conclusion is good.

      Read some other answers. Keep practicing.

  6. shubham yadav Avatar
    shubham yadav

    Please review it sir
    Pay I’d – pay_HHhwlNw9vfR4HH

    1. Swatantra Avatar
      Swatantra

      Shubham

      You have written well. In introduction, mention about the recent Delhi HC judgement where it ordered deletion of its full judgement from public domain when an acquitted person filed the petition demanding it. Link answers with current affairs, it will give you some extra marks.

      Ralation with right to privacy has been written well. You can mention briefly why we need right to be forgotten.

      Issues are good too, add the contradiction with freedom of speech and expression (press freedom to publish) under article 19, also it can shut down criticism and accountability of public figures.

      Conclusion is fine, you can mention the need to bring a holistic data protection law.

      Read some other answers. Keep writing.

      4.5/10

  7. Arpit Singh Avatar
    Arpit Singh

    Payment is HHU8LODcXby9Db

    1. Swatantra Avatar
      Swatantra

      Arpit

      Well written answer. In introduction, mention about the recent Delhi HC judgement where it ordered deletion of its full judgement from public domain when an acquitted person filed the petition demanding it. Link answers with current affairs, it will give you some extra marks.

      Also since we need to write about relation with right to privacy, you can mention SC judgement which considered right to be forgotten as a part of right to privacy.

      Rest of the points, diagram are good.
      In issues you can add that it is not desirable to remove such data from public domain which serves a public purpose , also it can shut down criticism and accountability of public figures.

      Conclusion is good.

      Read some other answers. Keep practicing. 🙂

  8. ankita thakur Avatar
    ankita thakur

    Payment id-HJHAZEWKSzM3CX

    1. Swatantra Avatar
      Swatantra

      Ankita

      Your answer is fine but I think you can use pointwise format in at least some parts of the answer (ex- issues). It will make your answer more concise and also you can cover more points.

      Introduction is good. Write up after that is good too but try to make it more concise.

      In issues, mention the contradiction with article 19,freedom of speech and expression, publishing by press. Rest of the points are good.

      Conclusion can be better, you can mention some way forward- bringing a holistic data protection law, adding privacy exception in article 19 etc

      Keep practicing. Read some other answers.

  9. Sana Nawazish Avatar
    Sana Nawazish

    ID-HJjQFLvck5DhqQ
    Please review
    @swatantra

    1. Swatantra Avatar
      Swatantra

      Sana

      You have written well. Introduction and first part of the answer is good, you have mentioned relevant points.

      In issues, mention article 19 in your points. You can add some more issues such as it is undesirable to remove such data which serves a public purpose, absence of legal structures in India to decide upon utility of data etc

      Conclusion is okay, but you have written it specific to this HC judgement, make it more broad, you can talk of bringing a holistic data protection law or introducing a privacy exception in article 19 etc

      Read some other answers. Keep writing. 🙂

  10. Kartikey Singh Avatar
    Kartikey Singh

    pay_HHogiMPYpQ87sC

    1. Swatantra Avatar
      Swatantra

      Kartikey

      Introduction is good. In relationship with right to privacy, mention SC judgement ruled that right to be forgotten is a part of right to privacy under article 21. Rest of the points are good.

      Issues mentioned are good, but some key points are missing. Mention the contradiction with freedom of speech and expression. It can impinge upon publishing rights of press and hamper journalism, even make journalists liable to punishment. The right can be misused to shut down criticism and accountability of public figures.

      Conclusion is okay, you can also talk of bringing a holistic data protection law or introducing a privacy exception in article 19 etc or write a brief way forward separately.

      Read some other answers. Keep writing. 🙂

  11. AABHA RANI Avatar
    AABHA RANI

    Razor payment id: HHOoNABVzCCLcD

    1. Swatantra Avatar
      Swatantra

      Aabha

      First mention what is right to be forgotten in introduction and then come to privacy and it’s relationship with privacy. You have written the content but structure can be better. Judgements mentioned are good.

      Issues mentioned are fine, you can add some- undesirable to remove such data from public domain which serves a public purpose, it can shut down fair criticism and accountability of public figures etc

      Also write a brief way forward where you can talk of bringing a holistic data protection law or introducing a privacy exception in article 19 etc

      Conclusion is good. Keep practicing. 🙂

  12. Harshaa Sharma Avatar
    Harshaa Sharma

    @swatantraIdpay_HJ2s89guguFYwg

    1. Swatantra Avatar
      Swatantra

      Harshaa

      Introduction and first part of your answer is very good. Issues, you can write in points, that way you will be able to cover more in less words.

      Some more issues you can mention- undesirable to remove such data from public domain which serves a public purpose for example court judgements, health and scientific studies etc, also it can shut down fair criticism and accountability of public figure if they invoke their right to be forgotten, absence of proper legal structure in India to decide upon utility of data etc

      Also write a brief way forward where you can talk of bringing a holistic data protection law or introducing a privacy exception in article 19 etc

      Conclusion is good. Keep practicing. 🙂

      4.5/10

  13. Dr. House Avatar
    Dr. House

    REF ID: #0000425733
    Please review @Swatantra Sir

    1. Swatantra Avatar
      Swatantra

      Dr House

      Nice attempt. Introduction and first part of your answer is very good.

      Some more issues you can mention- it can shut down fair criticism and accountability of public figure if they invoke their right to be forgotten, absence of proper legal structure in India to decide upon utility of data, contradiction with right to information of public, also mention article 19 in free speech point etc

      Also write a brief way forward (here you can talk of bringing a holistic data protection law), introducing a privacy exception in article 19 etc

      Conclusion is good. Keep practicing. 🙂

  14. Deepali Rajan Avatar
    Deepali Rajan

    kindly review
    ref id 420326

    1. Swatantra Avatar
      Swatantra

      Deepali

      Well written answer. In introduction, mention about the recent Delhi HC judgement where it ordered deletion of its full judgement from public domain when an acquitted person filed the petition demanding it. Link answers with current affairs, it will give you some extra marks.

      Also briefly mention why in the first place we need right to be forgotten (misuse of data, stigmatisation over past incidents etc).

      Issues you have covered well, but explain a bit about contradiction with free speech- it can lead to harassment of journalists, muzzling of press, shut down criticism of public figures, also mention article 19; one point about contradiction with right to information of public should also be mentioned.

      Conclusion is good, you can write a brief way forward with 1-2 points too.

      Read some other answers. Keep writing. 🙂

  15. Rohan Sinha Avatar
    Rohan Sinha

    @swatantra
    Order id -#0000420396

    1. Swatantra Avatar
      Swatantra

      Rohan

      Good attempt. The recent Delhi HC judgement where it ordered deletion of its full judgement from public domain when an acquitted person filed the petition demanding it can be mentioned in introduction only, then you can start with defining right to be forgotten. First part of the answer is good.

      Some more issues you can mention- it can shut down fair criticism and accountability of public figure if they invoke their right to be forgotten, absence of proper legal structure in India to decide upon utility of data, contradiction with right to information of public, also mention article 19 and impact on press freedom to publish data in free speech point. Remaining points are good.

      Way forward is fine too, you can finish with a concluding statement.

      6.5/10

  16. Vivek H Avatar
    Vivek H

    Payment Id : 115213946268

    1. Swatantra Avatar
      Swatantra

      Vivek

      First part of your answer is fine. You have mentioned why we need the right to be forgotten, that is good.

      Both points written in issues are fine but some key ones are missing-
      Contradiction with article 19, right to free speech and expression, freedom of press to publish, it can lead to harassment of journalists etc
      It can shut down fair criticism of public figure if they invoke their right to be forgotten
      Absence of proper legal structure in India to decide upon utility of data
      It is undesirable to remove such data from public domain which serves a public purpose for example, health and scientific studies.

      Also write a brief way forward where you can talk of bringing a holistic data protection law, introducing a privacy exception in article 19 etc

      Conclusion is good. Keep practicing.

      5.5/10

  17. Utkarsha Yadav Avatar
    Utkarsha Yadav

    Please review
    Payment Id pay_HHWzC2O9xhkaqA

    1. Swatantra Avatar
      Swatantra

      Utkarsha

      After introduction, you can define right to be forgotten and mention briefly why we need it (misuse of data, stigmatisation over past incidents etc). Comparison is good.

      Some issues you should mention- contradiction with free speech(mention article 19), it can lead to harassment of journalists, impinge upon freedom of press,- this is a key issue you should mention.
      Additionally, it can shut down fair criticism of public figure if they invoke their right to be forgotten, absence of proper legal structure in India to decide upon utility of data etc can be written too. Remaining points are good.

      Conclusion is decent, but it will be better if you can write a separate way forward (talk about bringing law there) with 2-3 points and then end with a general conclusion mentioning the need to balance different fundamental rights.

      Read some other answers. Keep writing. 🙂

      5.5/10

  18. shivanshu pandey Avatar
    shivanshu pandey

    pay_HH4AoVE2qPd386

    1. Swatantra Avatar
      Swatantra

      Shivanshu

      Some of your statements are incomplete and poorly framed, you have just mentioned keywords and moved on, don’t do that on a regular basis- it is okay if you have lack of time in exam or a word limit issue with lot of content to write, otherwise it gives a bad impression on the examiner.

      Your knowledge is good, just frame your arguments more coherently for example – define right to forgotten, mention why we need it, then mention all legal angles at one place(judgements etc, it is all scattered right now), then you can put your views or compare privacy and right to be forgotten, then mention issues, way forward and finally conclude.

      Mention of judgements is good. In issues you can explain a bit about contradiction with free speech- it can lead to harassment of journalists, impinge on press freedom, one point about contradiction with right to information of public should also be mentioned,undesirable to remove such data from public domain which serves a public purpose for example court judgements, health and scientific studies etc

      Conclusion is fine.

      Keep writing. Also read some other answers. 🙂

  19. Vishnu Agrawal Avatar
    Vishnu Agrawal

    Order id: 0000422561

    1. Swatantra Avatar
      Swatantra

      Vishnu

      The Delhi HC order revoking its judgement can be mentioned in introduction itself ,definition is good, you have repeated it , avoid that. Instead you can write few lines about why we need a right to be forgotten (misuse of data, stigmatisation over past incidents etc).

      Mention of Puttaswamy judgement is good. Issues mentioned are good too. Also you can mention it is undesirable to remove such data from public domain which serves a public purpose for example , health and scientific studies. Remaining points are good, mention article 19 in free speech point.

      Also write a brief way forward where you can talk of bringing a holistic data protection law, introducing a privacy exception in article 19 etc

      Conclusion is good. Keep practicing. 🙂

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