Escape From The Modern Panopticon: Children's Right to be Forgotten In The Internet Age

Abstract

One-click to enter or send something online by a user, generates a permanent digital record of what they have searched, commented or posted in cyberspace. Often marred by the ignorance or negligence of the user these digital records are stored and processed by private companies, state agencies, through various online platforms often without the informed consent of the users. These intrusive technologies metamorphose the web into a digital panopticon that permanently tracks private information so collected for an infinite digital present. Children's' identity and privacy online are delicate human rights issues and it necessitates a greater level of protection. Hence, the support of appropriate legislation to preserve the identity and privacy of children is the need of the hour. The Right to be Forgotten (RTBF) or right to erasure as conferred in the European Union General Data Protection Regulation (EU GDPR) empowers an individual to seek removal of their personal information stowed on the Internet. This is especially pertinent where children 's data is uploaded either by the child itself or by parents or friends, which is processed on the Internet platforms such as social media, which later the child wishes to disassociate with. This article offers an overview of RTBF under GDPR and compares the legal position of Indian children with their European counterparts.

Keywords: Children, Privacy, the Right to Be Forgotten, India, Panopticon