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Right to be forgotten in case of search engines: Emerging trends in India as compared to the EU

Author

Listed:
  • Gupta, Indranath

    (O.P. Jindal Global University, Jindal Global Law School, India)

  • Naithani, Paarth

    (O.P. Jindal Global University, Jindal Global Law School, India)

Abstract

In India, the right to be forgotten (RTBF) is relatively new and has been discussed in different courts. A timely discussion concerning RTBF in India is necessary as several judgments are beginning to shape its dimensions. Further, India is considering enacting comprehensive data protection legislation. Comparing the developments in India to the rich and long-standing jurisprudence on RTBF in the European Union (EU) can help shape the discourse in India. RTBF has been established and exercised in the EU for almost a decade. In fact, the EU has had a right to erasure since 1995. Thus, this paper examines how India and the EU have handled RTBF. The paper considers a data fiduciary in India (or a data controller in the EU), namely search engines. The paper compares India with the EU and suggests the way ahead for RTBF in India. It reflects on the fact that the implementation of RTBF would depend on the nature of data fiduciaries and their services.

Suggested Citation

  • Gupta, Indranath & Naithani, Paarth, 2023. "Right to be forgotten in case of search engines: Emerging trends in India as compared to the EU," Journal of Data Protection & Privacy, Henry Stewart Publications, vol. 5(3), pages 297-309, January.
    • Handle: RePEc:aza:jdpp00:y:2023:v:5:i:3:p:297-309
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    More about this item

    Keywords

    Data Protection Bill; 2021; European Union; General Data Protection Regulation; India; right to erasure; right to be forgotten;
    All these keywords.

    JEL classification:

    • K2 - Law and Economics - - Regulation and Business Law

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