27.
Right to Be Forgotten. —
(1)
The data principal shall have the right to restrict or prevent continuing disclosure of
personal data by a data fiduciaryrelated to the data principalwhere such disclosure—
(a)
(b)
(c)
(2)
Sub-section (1) shall only apply where the Adjudicating Officer under section
68determines the applicability of clause (a), (b) or (c) of sub-section (1) and that the
rights and interests of the data principal in preventing or restricting the continued
disclosure of personal data override the right to freedom of speech and expression and the
right to information of any citizen.
(3)
In determining whether the condition in sub-section (2) is satisfied, the Adjudicating
Officer shall have regard to—
(a)
(b)
(c)
(d)
(e)
28.
has served the purpose for which it was made or is no longer necessary;
was made on the basis of consent under section 12 and such consent has since been
withdrawn;or
was made contrary to the provisions of this Act or any other law made by
Parliament or any State Legislature.
the sensitivity of the personal data;
the scale of disclosure and the degree of accessibility sought to be restricted or
prevented;
the role of the data principal in public life;
the relevance of the personal data to the public; and
the nature of the disclosure and of the activities of the data fiduciary, particularly
whether the data fiduciarysystematically facilitates access to personal data and
whether the activities would be significantly impeded if disclosures of the relevant
nature were to be restricted or prevented.
(4)
The right under sub-section (1) shall be exercised by filing an application in such form
and manner as may be prescribed.
(5)
Where any person finds that personal data, the disclosure of which has been restricted or
prevented by an order of the Adjudicating Officerunder sub-section (2) does not satisfy
the conditions referred to in that sub-section any longer, they may apply for the review of
that order to the Adjudicating Officer in such manner as may be prescribed, and such
Adjudicating Officer shall review her order on the basis of the considerations referred to
in sub-section (3).
General conditions for the exercise of rights in this Chapter. —
(1)
The exercise of any right under this Chapter, except the right undersection 27,shall only
be on the basis of a request made in writing to the data fiduciarywith reasonable
information to satisfy the data fiduciaryof the identity of the data principal making the
request and the data fiduciary shall acknowledge receipt of such request within such
period of time as may be specified.
16
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