As a new significant legal right of the digital era, the Right to be Forgotten (RTBF) is largely shaped by the primary impetus in Europe emanating from General Data Protection Regulation (GDPR). Right to Be Forgotten in India has become more prominent, specially after Justice K.S. Puttaswamy v. Union of India verdict where the Right to Privacy was declared a Fundamental Right under Article 21 of the Constitution. The task of its use and operation under the judiciary confines has then been problematic for India. The paper will also discuss judicial precedents and legislative efforts including the Personal Data Protection Bill, 2019 in the light of the changes brought by right to be forgotten. It also points out major difficulties, such as getting the right to be forgotten (RTBF) into balance with constitutional rights,e.g., freedom of expression and information.

Introduction
This is a modern issue and took shape with information technology age, now state concerns about its citizen personal data held by centralized organizations. With the rise of information sharing on the internet, there is a requirement for an updated legal structure designating when and how any personal held by organizations should be deleted or controlled. One of the most important aspects of such regulation is The Right to be Forgotten (RTBF) mainly formulated under General Data Protection Regulation (GDPR) in Europe. It also will allow people to ask to digitally "forget" them for the data that are now public.

The importance of RTBF has also been discussed in India, particularly after the historic judgment in Justice K.S. Puttaswamy vs. Union of India (2017) which declared right to privacy as a fundamental right. The Personal Data Protection Bill, 2019 also introduces the provisions for RTBF but the actual enforcement of this right in India present various legal challenges and more importantly how it can be harmonized with freedom of speech and right to information.

This paper evaluates the concept of RTBF under Indian law, comparing it with GDPR and possible problems that may be faced due its implementation. This Paper ends by suggesting a legal framework to enforce this right in India.

Literature Review
The most important controversy in the global legal literature concerning RTBF Legal scholars and experts are not only looking into its ramifications but also how it will accommodate the freedom of expression and availability of public information. Key academic debate and research literature covered in review

Privacy and Data Protection in India

RTBF in India is founded on the right to privacy which was now recognized by the Supreme Court explicitly (Puttaswamy Judgment). As Rao put it, "The right of RTBF is a logical progression of privacy rights in the digital age." In fact Scholars agree that privacy is fundamental right, but legal boundaries of the same right are yet to be defined in Indian jurisprudence

Privacy has traditionally not been a recognised right under Indian law, but recent developments have brought it into line with contemporary data protection laws worldwide. I agree that Basu has made a good case in the debate by stating for long "the privacy protection was virtually absent and remained unalwful under Indian regulation". 3 Nevertheless, the RTBF remains a fledgling notion, one which is not easily circumscribed within the existing legal design.

The Global Framework: GDPR and its Influence:

Recently, The European Union's General Data Protection Regulation (GDPR) has adopted strong international data protection standards and RTBF. In article 17, if the data has been retained and became redundant afterward or consents a withdrawal is a right of the individual to delete his persona-data. Chapter The Google Spain SL v. Agencia Española de Protección de Datos (2014) case was an ultimate decision for the RTBF, because the European Court of Justice found that any individual can require search engines to remove links with personal information about them.

As Lynskey writes, the GDPR "represents the most advanced data protection law in the world, of which RTBF is a cornerstone right for individuals." Level Many aspects of the Indian Personal Data Protection Bill, 2019 has inspired from this regulation but India differs in enforcement methods.

Judicial Developments in India:

Though inconsistently, Indian courts have initiated a dictum on the RTBF. The Karnataka High Court identified the right in X v. Union of India (2017), allowing a petitioner to expunge personal details from public records. On the other hand, some like Menon said: "Cases as well as judicial recognition of RTBF in India continue to be fractured and sort of diverse by way at they have interpreted this right. By contrast, in other cases like Subhranshu Rout v. State of Odisha address data privacy but lack comprehensive RTBF guidelines.

Legislative Efforts: The Personal Data Protection Bill, 2019:

Provision for RTBF as per the Personal Data Protection Bill, 2019 Clause 20.10: – The right to erasure of your data (Delete Request) in other words you can go ahead an delete whatever information is linked with information governance about yourself that causes harm or distress or damage in pursuance of a reconciliation and vindictive recovery via multimedia circulation accurate placement roles at key points. Nonetheless, the PDP Bill differs from the GDPR in that every applicant will be evaluated by an adjudicating officer instead of automated and easy requests. Calling this out, Rajya says, "The Indian PDP Bill puts in place inefficient gatekeeping requirements for claimants to have their right to erasure recognised.

Objectives of the Research Paper:

• Investigate the development and present condition of the Right to be Forgotten (RTBF) within the framework of Indian legislation and its connection to the wider concept of privacy rights.
• Analyze the difficulties associated with the implementation of RTBF in India, especially regarding constitutional freedoms like the right to freedom of expression.
• Assess the practicality and possible enhancements to India's legal structure for RTBF, using global regulations such as the GDPR as points of comparison.

Research Questions:

1. How has the Right to be Forgotten developed in India's legal framework?
2. What are the key challenges in implementing the RTBF in India, particularly in balancing privacy rights with freedom of expression?
3. How does India's RTBF compare with global standards like the GDPR, and what improvements can be made to the proposed Personal Data Protection Bill?

• The Right to Privacy as a Constitutional Right
  Figure 1:Petitioner Puttaswamy
  The acknowledgment of the Right to Be Forgotten (RTBF) in India arises from the Supreme Court's ruling in Justice.S. Puttaswamy. Union of India. In this case, the Court affirmed that privacy is inherent to the right to life and liberty as specified in Article 21 of the Indian Constitution. Although the judgment did not directly refer to RTBF, it established a basis for privacy-related rights in the context of the digital era.
   
• Indian Judicial Precedents on RTBF: The ruling by the Karnataka High Court in X v. Union of India (2017) represented the first clear acknowledgment of RTBF in India. The petitioner sought the removal of her personal information from an online judgment due to privacy concerns. This case underscored the necessity for judicial discretion regarding privacy and data protection issues. Nonetheless, judicial views on RTBF are inconsistent, as demonstrated in cases like Subhranshu Rout v. State of Odisha, where the Court failed to sufficiently consider the privacy ramifications of retaining digital data.
   
• Personal Data Protection Bill, 2019: A Legislative Step Forward. The PDP Bill, 2019, marks India's initial legislative effort to formalize RTBF. Clause 20 of the Bill permits individuals to request the deletion of their personal data, under certain conditions. However, in contrast to the GDPR, which enables more straightforward deletion requests, India's PDP Bill establishes an adjudicating authority to assess the validity of RTBF claims. Critics contend that this may impede the enforcement of RTBF, leading to administrative delays.

The Legal Challenges of Implementing RTBF in India
Conflict with Freedom of Speech
A major obstacle to the implementation of the Right to Be Forgotten (RTBF) in India is its possible clash with the right to freedom of speech and expression, as outlined in Article 19(1)(a)[2] of the Constitution. The elimination of personal data, particularly if it exists in a public record, may impede the unrestricted flow of information. Menon emphasizes that "RTBF should not be considered an absolute right, as it can restrict crucial democratic rights such as access to information." Achieving a balance between individual privacy and the public interest presents a significant legal challenge in the execution of RTBF.

The Right to Information and Public Access
Beyond freedom of speech, the RTBF could also conflict with the right to information (RTI), which is protected under the Right to Information Act of 2005. The RTBF may limit public access to information that serves general interest, including court rulings, governmental documents, or historical facts. Rajya points out that "the difficulty lies in determining which personal information ought to be safeguarded and which should be available for reasons of public interest."

Administrative and Bureaucratic Challenges in the PDP Bill
The Personal Data Protection (PDP)[3] Bill adds a layer of bureaucracy by necessitating an adjudicating officer to evaluate RTBF claims. Detractors argue that this method is not effective and might deter individuals from exercising their rights. In contrast, the General Data Protection Regulation (GDPR) utilizes automated procedures that streamline the process, making it more straightforward for individuals to request data removal.

International Comparisons: GDPR vs. India's PDP Bill
The European General Data Protection Regulation (GDPR)
The GDPR establishes worldwide benchmark for data privacy, with Article 17 recognizing the Right to Be Forgotten (RTBF) as a fundamental right. Individuals are entitled to request the deletion of their personal data when it is no longer pertinent or if they have retracted their consent. The significant case of Google Spain SL v. AEPD[4] reinforced the RTBF by determining that search engines are required to honor legitimate requests for data removal.

Differences in Enforcement Mechanisms
Although India's Personal Data Protection (PDP) Bill includes the RTBF, its enforcement approach differs significantly from that of the GDPR. The necessity for an adjudicating officer may lead to delays and variations in enforcement. In comparison, the GDPR permits individuals to directly reach out to data controllers, who are obligated to respond within a designated timeframe.

The Right to be Forgotten is a multifaceted concept, particularly in India, as it overlaps with various constitutional rights. Striking a balance between the right to privacy the rights to freedom speech and information presents a significant challenge. For example, public figures might invoke this right to eliminate negative information about themselves, which could, in turn, violate the public's right to be informed.

the Personal Data Protection Bill of 2019 contributes to procedural difficulties by mandating that an adjudicating officer evaluate RTBF requests. This stipulation may hinder the prompt application of RTBF and lead to inconsistencies in its implementation. The approach taken by the GDPR, which permits individuals to directly reach out to data controllers, is more efficient and may provide a useful framework for India.

the absence of a comprehensive data protection law in India adds to the complexity of the issue. Until the Personal Data Protection Bill is passed, RTBF exists as a right established through judicial decision-making, lacking a clear statutory foundation. This ambiguity leaves both individuals and organizations uncertain about their rights and responsibilities under the existing legal system.

The Right to be Forgotten (RTBF) is an important incarnation of privacy rights, especially given all the data we perpetually create and share online in this digital age. RTBF, in a country where the pixel of data privacy is yet to find its shape and size (talking about the legal framework), hints at some important issues related to individual autonomy, state regulation and the conflicting rights. The next installment of this module elaborates on the intricacies of the RTBF in India and navigates through its legalese facets, presenting both, an insight into its nuances as well as a deliberation on the challenges posed by them and possible amenable to such challenges.

The Personal Data Protection Bill, introduced in 2019 is the key legislative intervention designed to provide an encompassing structure for data protection in India. The idea is that the personal data of all people will be used in a controlled fashion to prevent misuse. The inclusion of RTBF provisions in the Bill is a significant step towards having a proper recourse for individuals who wish to have their data deleted.

However, the Bill has also drawn criticism for several reasons. SHIFTING THE BURDEN OF PROOF REQUESTS This may complicate the matter even more for ordinary citizens — since they must first go to an adjudicating officer to request RTBF. While the GDPR enables data subject to request the deletion of their data directly from controllers, providing for a more transparent and direct relationship between individuals and organizations holding their data; the Indian framework adds intermediaries in flow of information creating administrative barriers possibly making users reticent to avail their rights.

Conclusion
The Right to be Forgotten is a vital component of privacy rights today's digital world, especially as people to manage their online identities. In India, the legal framework related to RTBF is still developing, with the Personal Data Protection Bill, 2019 marking a notable advancement. Nonetheless, various challenges persist, including finding a balance between RTBF and the freedoms of expression and access to information, as well as the procedural complexities introduced by the Bill.

For RTBF to be effectively implemented in India, reforms are necessary. This involves simplifying the enforcement process, offering clearer criteria for granting RTBF requests, and ensuring that this right is not misused to stifle freedom of speech. Drawing on international guidelines, especially those outlined in the GDPR, will be essential in establishing a strong and equitable RTBF framework in India.

Bibliography:

• Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.
• Radhika Rao, Privacy in the Digital Age, (2020) 35(2) Indian Law Review.
• Basu, S., Privacy Protection in India: Past and Present, (2019) 27(1) Privacy Journal of India.
• General Data Protection Regulation (GDPR), Article 17, (2016).
• Google Spain SL v. Agencia Española de Protección de Datos, Case C-131/12, [2014] 3 CMLR 50.
• Lynskey, O., The GDPR: A European Standard for Data Protection, (2018) 42(3) European Journal of Law.
• Subhranshu Rout v. State of Odisha, CRLMC No. 441/2020.
• Personal Data Protection Bill, 2019, Clause 20.
• Rajya, supra note 11.
• Constitution of India, Article 19(1)(a).

End Notes:

1. https://prsindia.org/files/bills_acts/bills_parliament/2019/Personal Data Protection Bill, 2019.pdf
2. https://cdnbbsr.s3waas.gov.in/uploads/2023050195.pdf
3. https://sansad.in/getFile/BillsTexts/LSBillTexts/341 of 2019AsInt.pdf?source=legislation
4. https://globalfreedomofexpression.columbia.edu/cases/google-spain-sl-v-agencia-espanola-de-proteccion-de-datos-aepd/

Also Read:

• Right to be forgotten in India
• The Right To Be Forgotten
• Right To Be Forgotten: Privacy And Cyberspace
• Right To Be Forgotten Vis-A-Vis The Right To Freedom Of Expression
• Right to be Forgotten an integral part of an Individual's Right to Privacy