Can one erase information, opinions, intentions, instructions or any other personal information posted in social media so that a third party cannot track or use it.? Well at present it is not possible except by an order from the court but if the bill pending in the parliament since 2019 gets passed and becomes the law then it would be possible to do with certain riders, such as the data has served its purpose for which it was collected. There are number of cases in public domain where a person has suffered financially or in employment or in public life even after being acquitted by the court or after the information has lost its relevance. At present any information in digital form in public domain or otherwise is like an arrow shot from a bow which cannot be recalled or destroyed and put back in the quiver. It is also imperative that the right to privacy should not be allowed to override public interest hence the right to erase the information available in public domain needs to be balanced with the information that is required in public interest
Supreme Court in their judgement, in the case of Justice Puttuswamy and another V/S Union Of India in 2014 (WP number494 of 2012), given by the nine judge bench declared that right to privacy is a fundamental right under article 21 of the constitution of India. A five judge bench on 26 Sep2018 while delivering its final judgement in the above case impressed upon the government to bring about a robust data protection regime. The Personal Data Protection Bill (PDPB) of 2019 is a step in this direction.
The bill, as given in preamble, aims to provide the protection of the privacy of individual relating to their personal data and aims to specify the flow and usage of personal data, create a relationship of trust between persons and entities processing the data, protect the rights of individual whose personal data are processed, to create a framework of organizational and technical measures in processing of data, laying down norms for social media intermediaries, cross border transfer accountability of entities processing the data, remedies for unauthorized and harmful processing and to establish the data protection authority of India for the same purpose and for matters connected there with or incidental thereto.
The act will apply to a host of agencies where the data has been or is being collected, disclosed, shared or otherwise processed within the territory of India. This will include state, company, body of persons or the entities not present in India which process these data. It will also lay down that no personal data shall be processed by any person except for clear, specific and lawful purpose and it shall be collected only to the extent that is necessary. No personal data shall be processed without the consent and the burden of proof of that consent will be that of the entity. The person to whom the data belong shall have the right to restrict or prevent the continuing disclosure of his personal data by an entity under certain conditions.
The critical personal data shall be processed in India .If any person has suffered harm as a result of any violation of any provision under this act or rules or regulation made there under by any entity then the aggrieved person will have a right to seek compensation form the entity. The offense under this act shall be cognizable and non bailable. A complaint can be made to the adjudicating officer under the act. There is a provision that in case it is committed by a company then every person who at that time was responsible to the company for the conduct of business of the company as well as the company shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly. Harm as defined under the act has a very wide meaning and includes besides bodily or mental injury, financial or loss of identity, humiliation, loss of employment, any discriminatory treatment , subject to blackmail and extortion, denial or withdrawal of service, benefit or good, any restriction placed or suffered directly on speech or movement or placed under surveillance . Under this act the word data has also a wide meaning and includes besides personal data any representation of information, facts, and concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human or by automated mans.
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