The conundrum of erasing digital footprints: A regulatory challenge

Technology advances, the idea of deleting one’s digital traces sparked discussions and worries. Digital material can persist permanently, may be simply found through search engines. The mechanisms like auto suggest, and machine learning contribute to information leakage through search engines.
Like

Share this post

Choose a social network to share with, or copy the URL to share elsewhere

This is a representation of how your post may appear on social media. The actual post will vary between social networks

Read the paper

SpringerLink
SpringerLink SpringerLink

The conundrum of erasing digital footprints: A regulatory challenge - Jindal Global Law Review

As technology advances, the idea of deleting one’s digital traces has sparked discussions, and worries. Now, digital material can persist permanently and may be simply found through search engines. The mechanisms like auto suggest, and machine learning contribute to information leakage through search engines. This prompts consideration of how individuals can efficiently oversee their online presence, and maintain authority over their personal data. To solve this concern, Europe has remedied it by recognising the principle of the right to be forgotten (hereinafter mentioned as RTBF), and given primacy to individual privacy, or the public’s interest in information. Unlike Europe, the United States of America gives primacy to information access as well as freedom of speech and believes the RTBF conflicts with the First Amendment. The concept of the RTBF under different nomenclatures has evolved as a kind of possible approach to address the side effects of digital footprints across the globe. Meanwhile, India has recently introduced the Digital Personal Data Protection Act 2023, which gives a place to the right to erasure. The review of the literature reveals a dearth of research analysis on Indian jurisprudence around the new data protection law, and RTBF. The research explores whether the RTBF finds a place in Indian jurisprudence. The authors gain a better grasp of the study by contrasting the Indian regulatory framework with its Western counterparts and propose possible directions for future research.

The importance of removing digital footprints has grown in the modern era.
 The necessity to monitor, and control individuals’ personal data has increased in tandem with the proliferation of internet users. An individual’s online presence can jeopardize their reputation, leaving them susceptible to identity theft, and prone to 
digital fraud. Particularly concerning is the fact that digital data is ever-present, and 
permanent, which presents formidable obstacles to privacy, and security. It took a 
few decades to realize that the internet never forgets. The online activities of individuals are generating multiple sets of digital footprints in an ever-growing digital society. Sir Winston Churchill once said inter alia, ‘We have control over the words 
we don’t say, but we are bound by the ones we speak’. This historical lesson is having a profound impact on the digital world today.

Please sign in or register for FREE

If you are a registered user on Research Communities by Springer Nature, please sign in

Follow the Topic

Data Privacy
Humanities and Social Sciences > Society > Science and Technology Studies > Information and Communication Technologies (ICT) > Data Science > Data Privacy
Media Law
Humanities and Social Sciences > Media and Communication > Media Law