Topic – Indian polity : Issues
3) Right to be forgotten as envisaged by draft data protection Bill will lead to compromises with transparency, freedom of speech and freedom of press. Critically analyze. (250 words)
Why this question
The draft data protection Bill recommended by SriKrishna committee has raised several important debates. The article discusses the provisions related to right to be forgotten, and the challenges that the provisions might pose to press freedom, freedom of speech and transparency. The question will help you prepare the provisions related to right to be forgotten in the draft Bill and its critical analysis.
Key demand of the question
The question expects us to bring out the provisions related to right to be forgotten in the draft bill, and analyze the impact of it in on press freedom, freedom of speech and transparency. The key focus should be on making reasoned arguments from both sides to finally reach to what we think should be the way forward.
Critically analyze – When asked to analyze, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, all you need to do is look at the good and bad of something and give a fair judgement.
Structure of the answer
Introduction – Explain what right to be forgotten is and highlight that Srikrishna Committee has made recommendations related to right to be forgotten which needs to be debated.
- Explain the recommendations of the committee related to right to be forgotten
- Provisions related to the adjudicating authority
- Section 27(2) which vests power in the adjudicating authority to decide on the question of disclosure
- Conditions listed in the subsection regarding the factors that have to be considered
- Highlight the provisions of review enshrined in the draft Bill
- Discuss the pros in relation to the usefulness of right to be forgotten – highlight that it is a part of right to privacy, discuss the cases in India where judiciary has favoured the right to be forgotten etc
- Discuss the issues with the Bill in its present form – highlight the provisions of section 27 which grants power to data principal to prevent data fiduciary from using data in certain cases, discuss the challenges that it poses in terms of freedom of press and transparency etc
Conclusion – Give your view on the provision related to right to be forgotten in the draft Bill and discuss the way forward.