The Right to be Forgotten and the Criminal Justice System in India: Balancing Privacy, Public Interest, and Legal Accountability

The Right to Be Forgotten (RTBF), which allows individuals to request the removal of personal data from public access, has gained significant attention in the context of privacy rights and its implications for the criminal justice system. While this right has evolved prominently in Europe under the General Data Protection Regulation (GDPR), its application raises complex issues, particularly in balancing privacy with public interest and freedom of expression. The shift of responsibility for ensuring compliance from governments to private entities in Europe has sparked concerns about inconsistent enforcement and jurisdictional challenges for multinational corporations. Civil-law jurisdictions tend to prioritize privacy, while common-law jurisdictions like the United States give greater weight to freedom of expression, further complicating global compliance. In the Indian context, the RTBF intersects with the criminal justice system in significant ways, especially concerning the erasure of criminal records and personal information that could hinder an individual’s reintegration into society after serving their sentence. While India does not have a comprehensive law on the RTBF, the Justice K.S. Puttaswamy (Retd.) v. Union of India case affirmed privacy as a fundamental right under Article 21 of the Constitution. The Digital Personal Data Protection Act, 2023 further aligns India’s legal framework with international norms, including provisions for erasure of personal data, though challenges remain in balancing privacy with the public’s right to access justice and legal accountability. This article explores the historical, theoretical, and practical foundations of the RTBF in relation to India’s criminal justice system. It examines how the RTBF could affect the handling of criminal records, particularly in terms of rehabilitation and reintegration, while also addressing concerns about transparency and the right of society to access information. The article also considers how the RTBF in India should be reconciled with existing criminal laws, including the principles of public accountability and freedom of speech, ensuring that its application does not undermine the integrity of the justice system.