6
It is also an undeniable fact that the implementation of right
to be forgotten is a thorny issue in terms of practicality and
technological nuances. In fact, it cries for a clear cut
demarcation of institutional boundaries and redressal of many
delicate issues which hitherto remain unaddressed in Indian
jurisdiction.
The
dynamics
of
hyper
connectivity-
the
abundance, pervasiveness and accessibility of communication
network have redefined the memory and the prescriptive
mandate to include in the technological contours is of pressing
importance.
6. However, this instant issue has attracted sufficient
attention overseas in the European Union leading to framing of
General Data Protection Regulation (GDPR) which governs the
manner in which personal data can be collected, processed
and erased. The aspect of right to be forgotten appears in
Recitals 65 and 66 and in Article-17 of the GDPR1,which vests
in the victim a right to erasure of such material after due
diligence by the controller expeditiously. In addition to this,
Article 5 of the GDPR requires data controllers to take every
reasonable step to ensure that data which is inaccurate is
The data subject shall have the right to obtain from the controller regarding the
erasure of personal data concerning him or her without undue delay and the
controller shall have the obligation to erase personal data without undue delay.
1