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Govt Policies & Interventions

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September 14, 2018

The Right to be forgotten proposed in the Data Protection Bill poses a severe threat to Right to Information (RTI) and freedom of press. Discuss (200 words)

Refer – The Indian Express

Enrich the answer from other sources, if the question demands.

4 comments
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IAS Parliament 6 years

KEY POINTS

Right to be forgotten

·         The right allows for the lawful removal of personal information of an individual if such request is made.

·         It can determine the development of one’s life in an autonomous way, without being perpetually or periodically stigmatised as a consequence of a specific action performed in the past.

·         The right to privacy constitutes information that is not publicly known whereas, right to be forgotten involves removing information that was publicly known at a certain time and not allowing third parties to access the information.

·         Section 27 of the draft personal data protection Bill 2018 offers an individual the “right to restrict or prevent continuing disclosure of personal data” or the right to be forgotten.

Concerns

·         The right to be forgotten might spell a danger to press freedom.

·         Though section 47 provides for journalistic exemptions, it applies only where the journalist demonstrates that the processing is in compliance with any code of ethics issued by -

1.       the Press Council of India (or)

2.      any media self-regulatory organisation

·         These will create additional pre-publication restrictions on citizens and the media, as journalistic publication will be dependent upon the opinion of an adjudicating officer.

·         Besides, freedom to criticise the public personalities for their public policies based on their past statements and activities will be in jeopardy.

·         Also, both CIC (Central Information Commission) and DPA (Data Protection Authority) deals with information disclosure.

·         So a citizen seeking access to such information will be confused on whom to approach.

Sidharth Acharya 6 years

Very pertinent question.

IAS Parliament 6 years

Good attempt. Try to include how the right to be forgotten has brought in pre-publication restrictions which affects the freedom of press. Keep writing.

Manav 6 years

Kindly review. Thanks. 

IAS Parliament 6 years

How it threats RTI and press freedom need to be explained more clearly. Keep writing.

Nandadeep 6 years

Kindly review thanks

IAS Parliament 6 years

Require more clarity. Try writing how the provisions of the bill guaranteeing right to be forgotten poses a threat to RTI and press freedom. Keep writing.

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