Digital Memory Versus Human Dignity: The Emerging Constitutional Jurisprudence of The Right to Be Forgotten in India

Neelam Chaudhary

Digital Memory Versus Human Dignity: The Emerging Constitutional Jurisprudence of The Right to Be Forgotten in India

Author(s)	Neelam Chaudhary
Country	India
Abstract	Human memory has changed due to the exponential rise of digital technology, which can save, index, and share personal information across platforms. The internet has increased access to information and promoted transparency and freedom of expression, but it has also threatened privacy, dignity, reputation, and personal autonomy. Digital records are permanent, preventing people from moving past previous mistakes, acquittals, personal disagreements, or outdated information, sparking the Right to Be Forgotten constitutional debate. Following the landmark Google Spain SL v. Agencia Española de Protección de Datos (AEPD) decision and codification under Article 17 of the General Data Protection Regulation (GDPR), the concept of RTBF has expanded beyond data protection to encompass constitutional rights. This article argues that India's Right to Be Forgotten is an autonomous constitutional doctrine rooted in human dignity, informational autonomy, digital rehabilitation, and algorithmic accountability, not a derivative privacy entitlement or statutory data protection remedy. The article uses doctrinal research to critically examine the evolution of privacy jurisprudence under Article 21 of the Constitution of India, from early judicial recognition of personal liberty to Justice K.S. Puttaswamy (Retd.) v. Union of India's transformative constitutional framework. The recent 2026 Delhi High Court decision, which advances the constitutional understanding of de-indexing, anonymization, masking, and the balance of privacy with open justice and freedom of expression, is given special attention. The essay also compares the legislative frameworks for RTBF in the EU and UK to highlight doctrinal and institutional similarities and differences pertinent to the Indian constitutional environment. The research explores Large Language Models, Retrieval-Augmented Generation systems, algorithmic profiling, machine unlearning, and synthetic media to acknowledge AI's transformative impact on search engines. It claims that persistent algorithmic memory raises significant constitutional issues that standard data protection paradigms cannot solve. Based on this research, the essay presents a Five-Pillar Constitutional Framework for the Right to Be Forgotten in India based on human dignity, informational sovereignty, digital rehabilitation, algorithmic responsibility, and open justice in a democracy. It concludes that the future of RTBF in India is constitutional regulation of digital memory through a balanced, principled, and technologically responsive legal framework that protects individual dignity and democratic transparency in the age of artificial intelligence.
Keywords	Right to Be Forgotten; Digital Memory; Human Dignity; Informational Privacy; Constitutional Law; Article 21; Digital Personal Data Protection Act, 2023; Artificial Intelligence; Algorithmic Accountability; De-indexing; Open Justice; GDPR; Digital Rights.
Published In	Volume 7, Issue 7, July 2026
Published On	2026-07-17

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Digital Memory Versus Human Dignity: The Emerging Constitutional Jurisprudence of The Right to Be Forgotten in India

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