With the implementing rules of the DPDP Act around the corner, this brief aims to support and contribute to the public discourse about how the provisions of the DPDP Act should be enforced in India.

The brief starts by briefly tracing the evolution and scope of the RTE in the Indian context- focusing on how this provision has developed in various iterations of data protection bills, and has been interpreted by courts. To provide a global perspective on the implementation of RTE, it also examines the elements of RTE in the legal and policy frameworks in the EU and the Asian jurisdictions of Japan, South Korea and the Philippines.

Using the comparative analysis of the right to erasure in the EU and the Asian jurisdictions, the brief discusses broad trends and conflicts observable globally between the right to erasure and other rights and freedoms which must be considered for the holistic enforcement of the right. 

Finally, the brief analyses the gaps and challenges for the exercise of RTE, and makes recommendations for its enforcement under the Rules. The policy brief recommends a) certain constitutional protections, b) exemptions for public figures, c) need for de-indexing, d) certain procedural safeguards, e) specialised provisions for children and f) requirement of transparency reporting of platforms.