One notable absence in the Act is the ‘right to be forgotten’, a provision in comparable digital data protection legislations like the GDPR. This right empowers individuals to exert control over the online dissemination of their personal data. The omission is particularly striking in light of the Delhi High Court’s precedent-setting decision in Zulfiqar Ahmad Khan v. Quintillion Business Media Pvt. Ltd., where the Court recognised and upheld an individual’s ‘right to be forgotten’.
The plaintiff sought a permanent injunction against the defendants, who had published two articles containing harassment allegations under the #MeToo campaign. While the defendants agreed to remove the articles, they were subsequently republished by other platforms. The Court recognised the plaintiff’s right to privacy, encompassing both the ‘right to be forgotten’ and the ‘right to be left alone’, and directed a halt on any re-publication or dissemination of the original articles or any derivative thereof across print or digital platforms for the duration of the ongoing suit.
Relatedly, the Srikrishna Committee’s 2018 report underscored the pivotal role of robust data principal rights within the framework of data protection legislation. These rights, founded on principles of autonomy, transparency, and accountability, form a cornerstone, granting individuals precise control over their personal data. Omitting this vital right undermines the efficacy of this new Act.
Finally, it’s imperative to note the exemption granted to the Central government and its agencies under DPDP 2023, invoking national security considerations and maintaining law and order. This exemption absolves State agencies from the obligation to delete personal data post-use, overriding individual consent when the State processes personal data for benefits, services, licenses, permits, or certificates. It expands the boundaries of purpose limitation in matters pertaining to the State, sparking concerns about unfettered government surveillance of citizens.
Source: Barandbench
