The internet allows personal information to remain accessible for years, even when it is outdated, inaccurate, irrelevant, or harmful to an individual’s reputation. Old news reports, personal photographs, social media posts, court-related information, and other online records can continue appearing in search results long after the original circumstances have changed.
This has raised an important legal question in India: Can a person ask for personal information to be removed from the internet?
The concept is commonly known as the Right to Be Forgotten. It is connected with privacy, personal dignity, data protection, and an individual’s ability to control the continued availability of personal information online. However, this does not mean that every piece of information can automatically be deleted.
What Is the Right to Be Forgotten?
The Right to Be Forgotten generally refers to the ability of an individual to request the removal, deletion, or restriction of certain personal information from online platforms or search results when there is a legitimate legal basis for doing so.
For example, a person may be concerned about information that is:
No longer relevant or necessary
Inaccurate or misleading
Published without proper justification
Excessively intrusive into personal privacy
Causing ongoing and disproportionate harm
The right must, however, be balanced against other interests, including freedom of expression, public interest, legal obligations, and the need to preserve legitimate records.
Is the Right to Be Forgotten Recognised in India?
Privacy has constitutional importance in India. The Supreme Court has recognised privacy as a fundamental right under Article 21 of the Constitution.
At the statutory level, the Digital Personal Data Protection Act, 2023 (DPDP Act) provides a framework concerning the processing of digital personal data. Section 12 recognises a Data Principal’s right to correction, completion, updating, and erasure of personal data, subject to the requirements and procedures under applicable law. The Act also provides that personal data may need to be retained where necessary for a specified purpose or to comply with law.
Therefore, the legal position is more nuanced than simply having an unlimited right to delete anything found online.
What Types of Information Could Be Subject to a Removal Request?
Depending on the circumstances and applicable law, a person may seek action regarding information such as:
1. Inaccurate Personal Information
If an online record contains incorrect information about an individual, the person may have grounds to request correction or removal through the appropriate process.
2. Outdated Information
Information that was once relevant may become outdated over time. A request may be considered depending on the nature of the information and whether there is a continuing public interest in keeping it accessible.
3. Unlawfully Published Personal Data
Personal information published or processed without an appropriate legal basis may raise data-protection and privacy concerns.
4. Highly Private Information
Certain information may involve a serious intrusion into an individual’s personal privacy. Depending on the circumstances, legal remedies may be available to seek restriction or removal.
Can You Remove Your Name From Google Search Results?
Removing information from a search engine is not necessarily the same as deleting the information from the original website.
A person may potentially approach the website or platform hosting the information and separately consider remedies concerning search-engine results. The appropriate approach depends on where the information is located, why it was published, whether it is accurate, and whether there is a legitimate public interest in its availability.
For example, if an old webpage contains personal information, removing the search result does not necessarily delete the original webpage. Conversely, removing content from a website does not automatically guarantee that every cached or indexed version disappears immediately.
When Can the Right to Be Forgotten Be Limited?
The Right to Be Forgotten is not absolute.
There can be legitimate reasons for information to remain available. These may include:
Compliance with a legal obligation
Prevention or investigation of offences
Court or government records
Public-interest journalism
Freedom of speech and expression
Protection of legal rights
Information that remains relevant to public safety or accountability
The DPDP Act itself recognises circumstances in which personal data may need to be retained for a specified purpose or to comply with applicable law.
This means that a removal request must be assessed according to the specific facts rather than assuming that every online reference can be erased.
What Should You Do If Personal Information Is Causing Online Harm?
If personal information is appearing online and causing reputational, professional, or privacy-related harm, it is important to preserve evidence before requesting its removal.
Consider taking the following steps:
Save screenshots and URLs showing the information.
Identify the website or platform hosting the content.
Determine whether the information is accurate, outdated, or unlawfully published.
Review the website's privacy or removal procedure.
Submit an appropriate correction, deletion, or removal request.
Keep records of all communications and responses.
Seek legal advice if the platform refuses to act or the matter involves serious privacy or reputational harm.
The correct legal remedy can vary depending on the nature of the information and the parties involved.
Why Legal Advice Matters
Online privacy disputes can involve several overlapping legal considerations, including constitutional privacy rights, data protection, defamation, freedom of expression, and the public interest.
A lawyer can review the specific information, identify the appropriate legal grounds, and advise whether a platform request, legal notice, court proceeding, or another remedy may be appropriate.
Conclusion
The Right to Be Forgotten in India reflects the growing importance of privacy and control over personal information in the digital age. While Indian law provides mechanisms relating to correction and erasure of personal data, there is no simple rule that every piece of information can automatically be removed from the internet.
If your personal information is inaccurate, outdated, unlawfully published, or causing serious and unjustified harm, you may have legal options. The appropriate course of action depends on the nature of the information, where it was published, and the legal interests involved.
For guidance regarding online privacy, personal data removal, defamation, and other digital-law concerns in India, consult a qualified legal professional who can assess the facts of your individual case.