Do Children Have a Right to Be Forgotten? – Rethinking Privacy in India’s Digital Constitution

In an era where a child's life is more and more lived in the digital medium, a crucial question arises: Do children in India have a right to be forgotten? With every click, post, or digital footprint, children unknowingly give their details away to the internet, mostly for good. Article 21 of the Constitution of India does give citizens of India the right to privacy. However, the exact contours of this right, especially for children, remain vague in the digital space. As India moves towards the full implementation of the Digital Personal Data Protection Act, 2023 (DPDPA), the right to be forgotten must be reignited as an issue, especially for its most vulnerable subjects—our children. 

Right to be forgotten gives a person the power to get his personal data deleted in scenarios where the data is no longer relevant or necessary. This right gained prominence in Europe by way of the General Data Protection Regulation (GDPR) under Article 17 of the same. It allows the person whose data is being referred to, to seek in a legitimate way the erasure of data held under the control of a data controller. This right is not yet legislated in India but has garnered some form of judicial recognition following the Puttaswamy judgment in 2017, wherein privacy was declared a fundamental right.

Children have been victimized because of their limited cognition of digital consequences. From school databases and social media profiles to ed-tech apps and online games, a child's data is being collected, stored, and often shared without an informed consent. There have been instances where individuals grow up with the fear that information available online might hamper their curricular or job potential or curb their mental health.

The Supreme Court, in Puttaswamy v. Union of India, underscored informational self-determination—meaning the right of persons to decide how their personal information is disseminated and utilized. When it concerns a child, this principle becomes tremendously pertinent. Children deserve a digital clean slate to grow, evolve, and mature. Any mistakes or disclosures they make during their initial years cannot fix their futures.

The DPDPA, 2023, ushers in some protection for children, such as parental consent for processing data of minors (under 18). However, it does not acknowledge the right to be forgotten as an independent right. There is, however, the facility whereby an individual may request their personal data to be corrected, completed, updated, or erased.

This opens a policy window. Adults may negotiate for their own data privacy whereas children depend on guardians or institutions to carry out similar functions. Incorporation of the child-specific right to be forgotten would recognize children as data subjects with special needs. It would also be in line with international obligations under the United Nations Convention on the Rights of the Child (UNCRC), to which India is a signatory.

Indian courts have debuted cautiously optimistic. In XYZ v. Union of India (2020), the Delhi High Court dwelt upon a petition asking to remove sensitive personal information from search engines. Though not directly involving an issue concerning minors, the court did admit the principle of a right to be forgotten.

It is a strong law practiced in Europe. The European Court of Justice in the landmark decision, Google Spain SL v. Agencia Española de Protección de Datos (2014), held that links to information must be removed when the information is outdated or irrelevant. The United States, in sharp contrast, strongly resists erasure due to concerns under the First Amendment. India, as a hybrid jurisdiction seeking a balance between free speech and dignity, can carve out a middle position, especially for children.

1. Amend the DPDPA to include, explicitly, the right to be forgotten for children with simplified procedures.

2. To have child data protection officers appointed within major institutions like schools and ed-tech platforms.

3. To create awareness programs on digital literacy for parents and children.

4. To employ AI tools responsibly in identifying and flagging harmful digital content involving children.

5. To design fast-track grievance redressal mechanisms through which minors can seek removal of their data.

In this data-for-cash economy, the right to be forgotten must be treated as a digital lifeline for every child. India is at a crossroads in deciding its data privacy regime. The right to be forgotten for children is not just a legal obligation but also the last moral window to shield innocence, dignity, and freedom to grow without being burdened by a digital past. Let the law remember to forget—for the sake of every child's tomorrow.

This article is authored by Rishika Kumari, who was among the Top 40 performers in the Constitution Law Quiz Competition organized by Lets Learn Law.