Intrusion to an individual’s privacy gives one the Right to Erasure in the digitalized world.

Abstract

The researcher in this paper has analyzed the issues relating to privacy in the current scenario and the new emerging concept of Right to Erasure. Right to Erasure /delete is a recent development which has gained significance after right to privacy got recognition as a fundamental right. In this research paper case laws have been discussed which gave jurisprudential support in recognizing this new age right. The monumental case law which paved way for this new right is Spain SL v. Agencia Española de Protección de Datos, wherein for the first time it was asserted that, right to erasure needs to be legally implemented and gave the right to delete the name of the aggrieved from the search history. Researcher has also highlighted the popularity and importance of this concept in the Indian scenario, where hitherto there is no statutory provision backing the right. But still recently courts have employed their wide-ranging judicial powers in securing providing recognition of such privacy rights for individuals against any potential infringement of their privacy rights. The researcher has devoted the method of survey with a sample size of 101 responses to gauge awareness about the issue amongst people of different age groups, sex, profession, educational backgrounds in order to develop a more intersectional approach in the study. The survey done by the researcher has helped to reach on the conclusion that its time that we should come up with a proper law for the implementation of Right to Erasure and take the Right to Privacy right very seriously because in the coming years it will play a very important role.