The Right to be forgotten in the Digital Age: A Pakistani Perspective on Balancing Data Protection & Privacy, Freedom of Expression, and Cyber Security

Abstract

Right to be forgotten also known as data de-listing or de-identification is legal and ethical right providing individuals the right to request the search engine to remove the link to the information that is found when the person's name is searched online. Though its concept has been practiced in the developed countries like the members of European Union, its implementation in the developing country like Pakistan is still in bloom. This paper explores the plausibility, likelihood and consequences of imposing the RTBF within the Pakistani context with spec emphasis to its compatibility with privacy, freedom of speech and cyber security. Lack of proper Data protection laws in Pakistan put the individuals at risk of cyber harassment, and misuse of personal data; tarnishing one's reputation. The Constitution of Pakistan acknowledges the right to privacy to the citizens in article 14 and freedom of speech and expression in article 19 but these rights are not well realized while operating in digital platform. The RTBF could allow people to take back control of their online persona but freedom comes with crucial issues of censorship, transparency and the ability of the regulatory bodies. The study employs doctrinal research strategy that involves empirical and comparative methodology to explore the legal, social, and pragmatic implications of RTBF in social media regulations of Pakistan. The study further reveals that there are legal loopholes that need to be addressed in order to enhance the privacy laws relating to Pakistan particularly in the context of digital environment as there is lack of comprehensive legal protection, overlapping of the regulation and legislation and legal culture, freedom of speech and finally institutional framework. Suggestions include passage of a competently drafted Data Protection Act, better staff and structures, better implementing criteria for RTBF requests, creation of awareness among the citizens regarding their digital rights, involving international organizations in an effort to frame a suitable RTBF framework.