Right to be Forgotten ? forget it !
Context :
Right to be forgotten, left alone inherent aspects of privacy: HC / HT / 26 Aug 2021
Extract :
Ø The Delhi high court has held that an individual has the “right to be forgotten” and “to be left alone” as facets of protection to their privacy.
Ø The move is significant because India does not currently have a Right to Be Forgotten (RTBF), which is part of the Personal Data Protection Bill being reviewed by a parliamentary panel.
Ø It is also significant because, in 2017, the Supreme Court held that the Right to Privacy is a fundamental right (as part of the Right to Life and Personal Liberty).
Ø Justice Asha Menon, on Monday (August 23), made the assertions while accepting an unnamed actress’ plea for removal of her nude videos from Youtube and other web portals by the next date of hearing.
Ø The court said that
Ø
# the “right to privacy” includes the right to be forgotten and the right to be left alone as “inherent
aspects” when a person is being exhibited against his / her will.
# “….the plaintiff is entitled “to be left alone” and “to be forgotten”, she is entitled to protection from
invasion of her privacy by strangers and anonymous callers on account of such publication,
streaming / transmission of the suit videos by the defendants,”
# “….the right to privacy of the plaintiff is to be protected, especially when it is her that is being
exhibited, and against her will,” it added.
==============================
MY TAKE :
Ø Privacy is Dead . RIP
Ø If ( and when ), Data Protection Bill becomes an Act, and if it says “ Right to privacy is a fundamental right “ , then it will be an UNIMPLEMENTABLE law
Ø Whether a person has given an explicit consent or not, personal / private data of all of us is all over the World Wide Web ( mostly without our consent )
Ø Such data is hosted on thousands of websites ( their servers ). No idea where these are located, nor any idea of WHO owns these servers
Ø It is likely to have been downloaded on millions of devices ( mobiles-tablets-laptops-PCs etc ) – spread all over the entire world !
Ø Through any number of Apps ( eg: WhatsApp ), videos get “ forwarded “, millions of times
Ø No individual person has ever succeeded in getting any Court to pass orders against these millions ( by names ) and no police force has ever succeeded in “ punishing “ the violators
Ø That is why such a law would be “ Un-implementable “.
Ø Knowing this, no one comes forward to file a case in court. It will drag on for years and earn fat fees for the lawyers !
Ø I just came across on Youtube , two video of a famous Bollywood celebrity, saying unmentionable things about celebrity and his family members. Both videos were uploaded one year back and been “ viewed “, 33 lakh and 41 lakh times ( 5 minutes to 25 minutes ). A third one ( also uploaded one year back ) has been “ viewed “ 52 lakh times !
Ø Why do you think this person is not filing a case against Youtube ?
Related Readings :
Ø Privacy ? What is that ?.............................
Ø Delusion of Privacy ? ……………………………………….[ 10 June 2017 ]
Ø 2024 ! – V 2.0 of Orwellian 1984 ? …………………[ 07 July 2017 ]
Ø Wherefore Art Thou, O Romeo ? …………………….[ 20 Sept 2017 ]
Ø An Open Letter to Dear Hon CJI.…………………….[ 13 Apr 2018 ]
Dear Shri Kiran Rijijuji
( Minister for Law and Justice / mljoffice@gov.in )
You may want to re-draft Data Protection Bill , in such a way that it becomes “ Dead at Birth “
My following earlier e-mail should convince you :
Anant ( without End ) : Anadi ( without Beginning )……………… [ 28 Aug 2020 ]
Extract :
Ø Parallel to the Theory of Thermodynamics , I would like to propound the
following as far as the “ Theory of Information “ is concerned :
“ Like Entropy , content keeps growing with each and every human
interaction, either with other humans or with his environment , and content
can no longer remain hidden, nor can it be destroyed “
( source : https://myblogepage.
With regards,
Hemen Parekh / hcp@RecruitGuru.com / 28 Aug 2021
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