Context :
Right to be forgotten,
left alone inherent aspects of privacy: HC
/
HT / 26 Aug 2021
Extract :
Ø
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.
Ø
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.
Ø
It is also significant because, in 2017, the
Supreme Court held that the Right to Privacy is a
fundamental right (as part of the Right to Life and Personal Liberty).
Ø
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.
Ø
The court said that
# the “right to privacy” includes the right to be forgotten and the right
to be left alone as “inherent
# “….the plaintiff is entitled “to be left alone” and “to be forgotten”, she is
entitled to protection from
anonymous callers on account of such publication,
streaming / transmission of the suit videos by the defendants,”
# “….the right to privacy of the plaintiff is to be protected, especially
when it is her that is being exhibited against his/her will
==================================================
MY TAKE :
Ø Privacy is Dead . RIP
Ø If ( and when ), Data
Protection Bill becomes an Act, and if it says “ Right to privacy is a
fundamental right “ , then it will be an UNIMPLEMENTABLE law
Ø Whether a person has given an explicit consent or not,
personal / private data of all of us is all over the World Wide Web ( mostly
without our consent )
Ø Such data is hosted on thousands
of websites ( their servers ). No idea where
these are located, nor any idea of WHO owns these servers
Ø It is likely to have been downloaded on millions of devices ( mobiles-tablets-laptops-PCs etc
) – spread all over the entire world !
Ø Through any number of Apps ( eg: WhatsApp ), videos get “ forwarded “, millions of times
Ø No individual person has ever succeeded in getting any
Court to pass orders against these millions ( by names ) and no police force
has ever succeeded in “ punishing “ the violators
Ø That is why such a law would be “ Un-implementable
“.
Ø Knowing this, no one comes forward to file a case in
court. It will drag on for years and earn fat fees for the lawyers !
Ø I just came across on Youtube , two video of a famous
Bollywood celebrity, saying unmentionable things about himself and his family
members. Both videos were uploaded one year back and been “ viewed “, 33 lakh
and 41 lakh times ( 5 minutes to 25 minutes ). A third one ( also uploaded one
year back ) has been “ viewed “ 52 lakh times !
Ø Why do you think this person is not filing a case
against Youtube ?
Related Readings :
Ø Privacy ? What is that ?................................[
04 May 2017 ]
Ø Delusion of Privacy ? ……………………………………….[
10 June 2017 ]
Ø 2024 ! – V 2.0 of Orwellian 1984 ? …………………[ 07 July
2017 ]
Ø Wherefore Art Thou, O Romeo ? …………………….[ 20
Sept 2017 ]
Ø An Open Letter to Dear Hon CJI.…………………….[ 13 Apr 2018
]
Dear Shri Kiran Rijijuji
( Minister for Law
and Justice / mljoffice@gov.in )
You
may want to re-draft Data Protection Bill , in such a way that it becomes “
Dead at Birth “
My
following earlier e-mail should convince you :
Anant
( without End ) : Anadi ( without Beginning )……………… [ 28 Aug 2020 ]
Extract :
Ø Parallel
to the Theory of Thermodynamics , I would like to propound the
following as far as the
“ Theory of Information “ is concerned :
interaction, either with other humans or with his environment ,
and content
( source : Nightmare - Aadhar - Privacy / 04 March 2918 _
With
regards,
Hemen
Parekh /
hcp@RecruitGuru.com / 28 Aug 2021