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Title: The Right to be forgotten in the Digital Age: A Pakistani Perspective on Balancing Data Protection & Privacy, Freedom of Expression, and Cyber Security
Authors: Asma Jabeen Khan, Shahzada Aamir Mushtaq, Muhammad Ali Siddique, Muhammad Abdul Wadood
Journal: Journal for Social Science Archives
| Category | From | To |
|---|---|---|
| Y | 2024-10-01 | 2025-12-31 |
Publisher: Data-Driven Education Research
Country: Pakistan
Year: 2025
Volume: 3
Issue: 1
Language: English
Keywords: Pakistan. Competition Commission of Pakistan. Cyber Security. Data Protection. GDPR. PECA.RTBF
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.
To explore the plausibility, likelihood, and consequences of imposing the Right to be Forgotten (RTBF) within the Pakistani context, specifically examining its compatibility with privacy, freedom of speech, and cyber security, and to develop a suitable, constitutionally compatible Pakistani framework for RTBF.
The study employs a doctrinal research strategy, primarily involving doctrinal legal research to critique Pakistan's constitutional provisions and statutes regarding RTBF implementation gaps. This is complemented by comparative legal research, assessing jurisdictions including the European Union (GDPR), the United States (First Amendment), India (PDPB), and Brazil (LGPD).
graph TD;
A[Doctrinal Legal Research: Review Pakistan Constitution & Statutes] --> B[Identify Legal Gaps/Inconsistencies];
C[Comparative Legal Research: EU, US, India, Brazil] --> D[Analyze RTBF Integration with Privacy/Free Speech/Cybersecurity];
B --> E[Assess Plausibility & Consequences of RTBF in Pakistan];
D --> E;
E --> F[Develop Contextual Pakistani Framework & Recommendations];
The implementation of RTBF in Pakistan is challenging due to its nascent data protection regime, technological limitations, and the socio-political sensitivity surrounding freedom of speech. While the RTBF offers benefits like enhancing individual control over online persona and improving cyber security by minimizing data exposure, its application must be carefully balanced against the constitutional right to free expression (Article 19). The study argues that Pakistan needs a context-specific framework, drawing procedural strength from the EU model and constitutional grounding from its own jurisprudence recognizing privacy as fundamental.
Pakistan currently lacks comprehensive data protection laws specifically addressing RTBF, relying on constitutional articles (Art. 14 for privacy, Art. 19 for free speech) and the PECA 2016, which is insufficient for data erasure rights. Legal loopholes, overlapping regulations, and institutional weaknesses hinder implementation. The RTBF presents a critical tension with freedom of expression in Pakistan, risking misuse for censorship. Comparative analysis suggests Pakistan should adopt procedural safeguards from the GDPR while aligning with the constitutional privacy emphasis seen in India.
The Right to be Forgotten is crucial for Pakistan's growing digital society to secure individual dignity and privacy against data misuse. However, its successful adoption requires significant legislative reform, including passing a comprehensive Data Protection Act, strengthening institutional capacity via a specialized Data Protection Authority, and establishing clear procedural safeguards (like a public interest test) to prevent the right from becoming a tool for censorship.
1. The concept of RTBF was popularized globally in 2014 through the case of GOOGLE Spain SL, GOOGLE Inc. v Agencia Española de Protección de Datos (AEPD) Mario Costeja Gonzalez CJEU.
2. The Constitution of Pakistan acknowledges the right to privacy in Article 14 and freedom of speech in Article 19.
3. The Pakistan Electronic Crimes Act (PECA) was enacted in 2016.
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