‘Right to be forgotten, left alone are inherent aspects of privacy’

NEW DELHI: The Delhi high court has held that an individual has the “right to be forgotten” and “to be left alone” as facets of protection to their privacy. The move is significant because India does not currently have a Right to Be Forgotten (RTBF), which is part of the Personal Data Protection Bill being reviewed by a parliamentary panel. It is also significant because, in 2017, the SC held that Right to Privacy is a fundamental right (as part of the Right to Life and Personal Liberty). Justice Asha Menon, on Monday (August 23), made the assertions while accepting an unnamed actress’ plea for removal of her nude videos from Youtube and other web portals by the next date of hearing.

The court said that the “right to privacy” includes the right to be forgotten and the right to be left alone as “inherent aspects” when a person is being exhibited against his/her will.

“….the plaintiff is entitled “to be left alone” and “to be forgotten”, she is entitled to protection from invasion of her privacy by strangers and anonymous callers on account of such publication/streaming/transmission of the suit videos by the defendants,” the court said. “….the right to privacy of the plaintiff is to be protected, especially when it is her that is being exhibited, and against her will,” it added.

According to the plea by the actress, who acts in Bengali films, she was approached by Ram Gopal Verma for a web series. Her audition included explicit scenes, including some involving complete frontal nudity. But the project fell through and the web-series was never produced.

The plaintiff claimed that in December, 2020, she came across the videos, which had been uploaded by the producer on his YouTube channel and website. He did remove them on her request, but by then, they were all over YouTube and other web portals.