The Big Picture: Right to be forgotten

A government-appointed panel on the data protection law has pointed to the need to have a balanced approach on right to be forgotten. The appropriateness of a right to be forgotten in specific circumstances would require that the right to privacy be balanced with the freedom of speech, the Justice BN Srikrishna Committee said. It called right to confirmation, access and correction to be included in the data protection law. So what is the right to be forgotten? Well, it refers to the ability of individuals to limit, de-link, delete, or correct the disclosure of personal information on the internet that is misleading, embarrassing, irrelevant, or outdated. Such disclosure, may or may not be a consequence of unlawful processing by the data fiduciary. In today’s age of cloud computing is it truly possible to implement the Right to be forgotten clause in the Srikrishna committee's draft data protection bill? That’s what we discuss on this edition of ‘The Big Picture’. Joining me on the program today are:

Anchor: Frank Rausan Pereira

Guests:
Sohini Chatterjee, Research Fellow, Vidhi Centre for Legal Policy
Jiten Jain, Cyber Security Expert
Vinay Kesari, Independent Technology Lawyer

[avinash]

🔍What is *Right to be Forgotten* in context of India?

☛The *Personal Data Protection Bill 2018* gives the individual the right to be forgotten, which entails that the person has the *power to restrict or prevent continuing disclosure of personal data* by a data fiduciary.
●The Bill effectively calls for the data fiduciary to *retain personal data only* as long as may be reasonably necessary *to satisfy the purpose for which it is processed* and also calls periodic reviews.

🔍 *Where* is it in use currently?
☛It has been discussed and put into practice both in the *European Union (EU)* and, since 2006, in *Argentina* .

🔍What are the *challenges* ?
☛Its impact on 
●Right to Freedom of expression.
●Interaction with the Right to privacy.
● Impact on *quality of
and a rewriting of history.
●It will be *difficult* for the fiduciary *to track all the places where data is shared*, and overall it may *not* be *feasible* .
● *Operational costs* involved for companies to comply with the clause.
●To *create channels for customers* to say that they want to be forgotten.

[SadhnaAchindraBharti]

Frank is well versed in handling any awkward situation.

[shubhankartiwari]

thank you Jiten Jain, it is because of you this debate was worth watching.

[monikabansal]

Thanks to Jiten jain and sohini chatterjee...
You both nailed it...

[zekeyaeger]

Well atleast she didn't bluff and waste time.... Kudos to Arunima for agreeing that she doesn't know on live TV 👍

[shejalsuman]

Jiten jain had given good comment that politician corruption data should not be forgotten.
Tnx #rstv

[Amalrocks]

kudos to jiten jain.He got all good points.It would be great if he publish a blog on this👌

[mohamedalthaffhussain]

jiten jain ...have taken a wider look of this issue...thanks for ur inputs

[vivekvikramdashora]

WHY YOU CALLED VINAY KESARI....
he just complicate the debate.instead of clarity.

[venkateshbamne]

Arunima did good thing, otherwise some oldies keeps speaking irrelevant even if they dont understand the question.

[snr]

Thanq RSTV n Mr Frank for hosting an interesting

[Akshaygupta]

Please bring panelists which have knowledge about all the aspects of the topic....it becomes an embarrassment specially Arunima Bhattacharya

[jaikadam]

Jiten jain is winner of today's show

[surajjha]

Justice BN Srikrishna committee report along with draft data protection law is the first towards protecting the fundamental right of individual. As many question still remain to be dealt with, such as right to get erase, right to reputation as pointed by penalist

[shivamurthy]

Glad to see the young team of experts..

[MotivationKeyMantra]

closing comment by jiten jain awsome nice👍🏻

[b.v.jaganmohanchintu]

Jetin Jain sir, Thank you for making it clear....

[Pankaj_jgr]

Yes it should be added
In the recommendations of shri krishna commission

[amitnara]

It's almost impossible to delete a particular data all over the internet and that too on surface web forget about dark net. It will be better if we focus on ownership rights of data and rights pertains to know it's monetary value and right to sell it at will. At least our people can earn some money

[Darshan]

Right to be forgotten is a double edged sword as pointed out by Jatin Jain.
It is best left to Data Protection Authority to adjudicate on this, rather than leaving the decision to private parties. But, it should be fast tracked and should not lead to piling up of pending cases.