18
question of seeking consent does not arise at all. No person
much less a woman would want to create and display gray
shades of her character. In most of the cases, like the present
one, the women are the victims. It is their right to enforce the
right to be forgotten as a right in rem. Capturing the images
and videos with consent of the woman cannot justify the
misuse of such content once the relation between the victim
and accused gets strained as it happened in the present case.
If the right to be forgotten is not recognized in matters like the
present one, any accused will surreptitiously outrage the
modesty of the woman and misuse the same in the cyber
space unhindered. Undoubtedly, such an act will be contrary
to the larger interest of the protection of the woman against
exploitation and blackmailing, as has happened in the present
case.
The sloganeering of “betibachao” and women safety
concerns will be trampled.
14. Section 27 of the draft Personal Data Protection Bill, 2018
contains the right to be forgotten. Under Section 27, a data
principal (an individual) has the right to prevent continuing
disclosure of personal data by a data fiduciary. The aforesaid
provision which falls under Chapter VI (Data Principal Rights)