Reality TV star Ashutosh Kaushik, who won Bigg Boss in 2008 and MTV Roadies 5.0, wants all photographs and videos of him and articles about him to be removed from the internet. The television star has approached the Delhi High Court to the effect citing his “Right to be Forgotten”, reports The Indian Express.
In his plea, Kaushik says that the “right to be forgotten” is in sync with the “right to privacy” which is an integral part of Article 21 of the Indian Constitution which deals with the right to life.
Ashutosh Kaushik’s plea
Kaushik, in his plea, states that posts and videos about him on the internet cause him “psychological pain for his diminutive acts, which were erroneously committed a decade ago as the recorded videos, photos, articles of the same are available on various search engines/online platforms”.
A single judge bench of Justice Rekha Palli of the Delhi High Court heard the matter on Thursday and the next hearing is scheduled for August 20.
The Right to be Forgotten
The Right to be Forgotten, in the Indian context, falls under the purview of an individual’s right to privacy. It is governed by the Personal Data Protection Bill that is yet to be passed by Parliament.
The Supreme Court has declared Right to Privacy a fundamental right in 2017.
The Personal Data Protection Bill, introduced in the Lok Sabha on December 11, 2019, aims to set out provisions meant for the protection of the personal data of individuals.
Chapter V clause 20 of this draft bill titled “Rights of Data Principal” mentions the “Right to be Forgotten”.
The clause states that the “data principal (the person to whom the data is related) shall have the right to restrict or prevent the continuing disclosure of his personal data by a data fiduciary.
What will this right allow?
Under the Right to be Forgotten, users can de-link, limit, delete or correct the disclosure of their personal information held by data fiduciaries. A data fiduciary means any person, including the State, a company, any juristic entity or any individual who alone or in conjunction with others determines the purpose and means of processing of personal data.
Do other countries recognise this right?
The “right to be forgotten” gained prominence when the matter was referred to the Court of Justice of European Union (CJEC) in 2014 by a Spanish Court.
In the European Union, individuals can ask organisations to delete their personal data. The right is provided under EU’s General Data Protection Regulation.
However, in a landmark ruling, the EU’s highest court said in 2019 that the “right to be forgotten” under European law would not apply to the borders of EU member states.