At present, there is no statute in the country which provides for the Right to be Forgotten/getting photos erased from a server permanently, the court observed on Monday. The law at present is silent on the remedy for victims of sexually explicit video or photos posted on social media by spurned lovers in order to harass and intimidate women, he said.
According to Article 21 of the Constitution, no person shall be deprived of his life or personal liberty except according to procedure established by law.
The "Right to be Forgotten", requiring erasure of data when it is not needed or following revocation of consent by the subject, is recognised under the General Data Protection Regulation (GDPR), Europe''s digital privacy law.
Denying bail to an accused for allegedly posting on social media intimate scenes stealthily recorded with his female friend, Justice S K Panigrahi said, even as the accused has deleted those obscene materials, there is no mechanism available with respect to the victim to get the objectionable contents permanently deleted from the server of the social media platform. "Though, the statute prescribes penal action for the accused, the rights of the victim, especially her right to privacy, which is intricately linked to her right to get deleted in so far as those objectionable photos have been left unresolved", Justice Panigrahi said in the order pronounced on Monday.
"It is also an undeniable fact that the implementation of the ''Right to be Forgotten'' is a thorny issue in terms of practicality and technological nuances," he observed. PTI COR SKN MM MM
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