Navigating Data Erasure: Challenges And Prospects For The Right To Be Forgotten In India

The Right to Erasure is a critical aspect of data protection gaining prominence in India's rapidly digitalizing society. This paper provides a comprehensive analysis of the legal, technological, and constitutional dimensions of this right. It begins by exploring the legal basis for the right to erasure in India, analyzing landmark judicial pronouncements, including the Justice K.S. Puttaswamy ruling, and the legislative framework established by the Digital Personal Data Protection Act, 2023. The study then delves into the complex technological challenges involved in the effective implementation of data erasure, such as the removal of information from search engines, social media platforms, and archived data sources. Furthermore, it examines the inherent conflicts and necessary balancing between the right to erasure and other fundamental rights enshrined in the Indian Constitution, most notably the right to freedom of speech and expression. Finally, the paper offers a critical evaluation of the current state of the right to erasure in India, highlighting key challenges and proposing directions for future legal and policy development.