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Global Perspectives on the Right to Be Forgotten: A Comparative Legal Analysis

Volume
3
Issue
1
Pages
Published
Jan 2025
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Abstract

The Right to Be Forgotten (RTBF) has emerged as one of the most debated digital rights in contemporary legal discourse. Rooted in the European Union’s data protection framework, particularly the General Data Protection Regulation (GDPR), RTBF embodies the right of individuals to have personal data erased or delisted from public access when it no longer serves a legitimate purpose. This research paper undertakes a comparative analysis of RTBF across multiple jurisdictions, including the European Union, the United States, the United Kingdom (especially post-Brexit), and selected Asian and Latin American nations. The paper highlights the diverse constitutional and legal approaches to balancing privacy with freedom of speech and the right to information. The European Union, through the landmark Google Spain v. AEPD & Costeja González case, has institutionalized RTBF with enforceable procedural safeguards. In contrast, the United States resists RTBF on First Amendment grounds, prioritizing free expression over privacy claims. The UK, following Brexit, maintains a hybrid stance, retaining GDPR principles but slowly redefining them in a national context. Latin American countries like Brazil and Colombia, and Asian jurisdictions like South Korea and Japan, are beginning to localize RTBF within their constitutional and cultural landscapes. This paper argues that India, while progressing in its data protection landscape, lacks a coherent RTBF framework and can benefit significantly from international models. The study concludes by emphasizing the need for India to integrate RTBF in a manner that respects its constitutional values, including freedom of speech and privacy, while also addressing technological and enforcement challenges.

Authors
SK
Swastik Kumar
KN
Kritika Nagpal
Keywords
Right to Be ForgottenGDPRprivacyfreedom of expressioncomparative lawdata protectionIndia
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