Supreme Court Recognizes 'Right to be Forgotten' as Fundamental Right
In a landmark judgment, the Supreme Court of India has declared the 'Right to be Forgotten' as an integral part of the Right to Privacy under Article 21.
2-Minute Summary (TL;DR)
- Supreme Court recognized 'Right to be Forgotten' as a fundamental right under Article 21 (Right to Privacy) on May 8, 2026.
- Individuals can request removal of personal data if it's no longer relevant or is prejudicial, balancing with public interest.
- The ruling stems from a case involving the impact of old court records on an individual's life.
- Union Government directed to frame specific guidelines for digital platforms on handling data removal requests.
- Judgment strengthens India's data protection framework, aligning with global standards like GDPR.
- Builds upon the foundational Right to Privacy judgment in Justice K.S. Puttaswamy case (2017).
- Aims to empower individuals with greater control over their digital identity and personal information.
- Requires balancing individual privacy with the public's right to information and freedom of expression.
How This Topic is Tested in Competitive Exams
| Exam | Frequency | Approx. Marks | What Gets Asked |
|---|---|---|---|
| UPSC / State PCS | Very High | 15–25 | Polity is a core UPSC subject. Both Prelims and Mains test constitutional provisions in depth. |
| State PCS / PSC | High | 5–10 | State PCS papers test both central and state government structures. |
| SSC (CGL / CHSL / MTS) | High | 4–6 | Questions on constitutional amendments, Parliament, and schemes appear in every SSC paper. |
| Banking (IBPS / SBI) | Medium | 2–4 | RBI Act, banking legislation, and government policies are regularly tested. |
Key Facts to Remember: Supreme Court Recognizes 'Right to be Forgotten' as Fundamental Right
- Supreme Court recognized 'Right to be Forgotten' as a fundamental right under Article 21 (Right to Privacy) on May 8, 2026.
- Individuals can request removal of personal data if it's no longer relevant or is prejudicial, balancing with public interest.
- The ruling stems from a case involving the impact of old court records on an individual's life.
- Union Government directed to frame specific guidelines for digital platforms on handling data removal requests.
- Judgment strengthens India's data protection framework, aligning with global standards like GDPR.
- Builds upon the foundational Right to Privacy judgment in Justice K.S. Puttaswamy case (2017).
- Aims to empower individuals with greater control over their digital identity and personal information.
- Requires balancing individual privacy with the public's right to information and freedom of expression.
Practice Questions
Q1. Which fundamental right has the Supreme Court of India recently recognized as including the 'Right to be Forgotten'?
- Right to Freedom of Speech and Expression
- Right to Equality
- Right to Privacy
- Right to Constitutional Remedies
Explanation: The Supreme Court explicitly stated that the 'Right to be Forgotten' is an integral part of the Right to Privacy, which is guaranteed under Article 21 of the Constitution.
Q2. Under what circumstances can an individual invoke the 'Right to be Forgotten' as per the Supreme Court's ruling?
- When the information is embarrassing, regardless of relevance.
- When the information is no longer relevant or is prejudicial to their current life, and does not conflict with public interest.
- When the information is negative about a public figure.
- When the individual simply wishes for their past information to be deleted.
Explanation: The court specified that the right can be exercised if the information is no longer relevant or is prejudicial to an individual's present life, provided it does not override public interest or legal obligations.
Q3. Which article of the Indian Constitution is central to the 'Right to Privacy' and consequently the 'Right to be Forgotten' as per the Supreme Court's ruling?
- Article 14
- Article 19
- Article 21
- Article 32
Explanation: Article 21 of the Constitution of India guarantees the Right to Life and Personal Liberty, which the Supreme Court has interpreted to include the Right to Privacy and, by extension, the Right to be Forgotten.
Q4. The Supreme Court has directed which entity to frame specific guidelines for digital platforms regarding the 'Right to be Forgotten'?
- Ministry of Electronics and Information Technology (MeitY)
- The Reserve Bank of India (RBI)
- The Union Government
- The National Human Rights Commission (NHRC)
Explanation: The Supreme Court mandated the Union Government to formulate comprehensive guidelines and a legal framework to govern the implementation of the 'Right to be Forgotten' across digital platforms in India.
Q5. The concept of the 'Right to be Forgotten' has been significantly influenced by which international regulation?
- Health Insurance Portability and Accountability Act (HIPAA)
- General Data Protection Regulation (GDPR)
- California Consumer Privacy Act (CCPA)
- Personal Information Protection and Electronic Documents Act (PIPEDA)
Explanation: The 'Right to be Forgotten' gained significant international traction and legal basis with the European Union's General Data Protection Regulation (GDPR), particularly Article 17, which came into effect in 2018.
How to Prepare Indian Polity & Governance for Government Exams — Supreme Court Recognizes 'Right to be Forgotten'…
Map every news item to an Article or provision in the Constitution. This is what UPSC Prelims directly tests.
For SSC and Railway, focus on the practical side — who appoints whom, term lengths, and what each body does.
Note the date and context of any constitutional amendment or ordinance. Questions are often framed around the 'first time' or 'most recent' event.
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