14
interests pertaining to the physical realm and
interests pertaining to the mind. As case law, both in
the US and India show, this concept has travelled far
from the mere right to be let alone to recognition of a
large number of privacy interests, which apart from
privacy of one's home and protection from
unreasonable searches and seizures have been
extended to protecting an individual's interests in
making vital personal choices such as the right to
abort a foetus; rights of same sex couples—including
the right to marry; rights as to procreation,
contraception, general family relationships, childbearing, education, data protection, etc. This
argument again need not detain us any further and is
rejected.
XXXXXXX
560. The most popular meaning of “right to privacy”
is—“the right to be let alone”. In Gobind v. State of
M.P. [Gobind v. State of M.P., (1975) 2 SCC 148 :
1975 SCC (Cri) 468] , K.K. Mathew, J. noticed
multiple facets of this right (paras 21-25) and then
gave a rule of caution while examining the contours of
such right on case-to-case basis.
XXXXXX
636. Thus, the European Union Regulation of 2016
[Regulation No. (EU) 2016/679 of the European
Parliament and of the Council of 27-4-2016 on the
protection of natural persons with regard to the
processing of personal data and on the free movement
of such data, and repealing Directive No. 95/46/EC
(General Data Protection Regulation).] has recognised
what has been termed as “the right to be forgotten”.
This does not mean that all aspects of earlier
existence are to be obliterated, as some may have a
social ramification. If we were to recognise a similar
right, it would only mean that an individual who is no
longer desirous of his personal data to be processed or
stored, should be able to remove it from the system
where the personal data/information is no longer