The Right to Be Forgotten in the Digital Age: Challenges and Omissions in the Digital Personal Data Protection Act, 2023

The Right to Be Forgotten (RTBF) has emerged as a pivotal privacy right in the digital era, yet India’s Digital Personal Data Protection Act, 2023 (DPDPA), lacks explicit provisions for its implementation. This paper examines the DPDPA’s approach to data privacy, focusing on its omission of a robust RTBF framework, and identifies associated legal, technical, and enforcement challenges. Employing doctrinal legal research and comparative analysis with the EU’s GDPR, the study evaluates gaps in the DPDPA, particularly its vague data erasure provisions (Section 8) and reliance on judicial interpretation. It argues that the absence of clear RTBF mechanisms undermines individual autonomy and fails to address the needs of vulnerable groups seeking data removal. The paper proposes legislative amendments to incorporate explicit RTBF provisions, strengthen the Data Protection Board’s role, and enhance public awareness. By addressing these omissions, India can align its data protection framework with global standards, ensuring greater privacy rights in the digital age.