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The Right to Be Forgotten: The Need for a Second Chance in the Digital Age.

Law Jurist by Law Jurist
21 February 2026
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Author: Vaishali Beck, a student of BA LLB (H) at Central University of South Bihar 

Introduction: Is It Possible for Us to Start Over?

When was the last time you made a mistake or did something embarrassing? You may have relocated to a different town, made new friends, or just waited for the memory to fade. People failed to remember. Life continued.

But today, we live in a world that is always awake and always remembers. If a news story, a social media post, or a legal case from ten years ago is online, it feels permanent. For many people, this means a mistake made at 19 can haunt them during a job interview at 30. This is why the “Right to be Forgotten” (RTBF) is so important. It’s a legal way of saying, “I am not the same person I was back then. Let me move on”.

What exactly is the “Right to be Forgotten”?

 In simple terms, this is the right to demand from a company (Google, news publications, etc.) to delete information about you that is outdated, no longer relevant, or simply false.

This led to a famous case in Europe where a man did not want his past debt record to show up every time someone searched his name. He won. The court ruled that although the public should be informed of significant matters, people have a right to privacy and dignity.

The Problem with AI: The “Brain” That Can’t Forget

 But now, things are getting complicated with the rise of Artificial Intelligence (AI) such as ChatGPT.

Traditional search engines are like a library. If you want to hide a book, you simply remove it from the shelf. But AI is like a sponge. It has absorbed billions of words from the internet to “learn” how to speak. Your personal data is no longer a “link” but a part of the AI’s “brain.”

When you ask an AI company to erase your data, they encounter a massive problem. They can’t simply “click delete” on one individual’s life without possibly breaking the entire system. This is a massive legal problem for 2026. If the law states that we have the right to be forgotten, but technology doesn’t allow us to forget, then who wins?

Why This Matters to Us (The Human Side)

It’s simple to assume this is just important for criminals or politicians, but that’s not the case. Consider these common scenarios:

Bullying Victims: A person who was bullied online as a teenager shouldn’t have to see those same posts when they apply for a mortgage years later.

Medical Privacy: A person who struggled with a medical issue that was posted online should be able to keep that information private as they recover.

False Information: Sometimes AI “hallucinates”—it makes things up. A person who has an AI claim they were arrested when they weren’t should have a way to prevent that information from spreading.

Finding a Middle Ground

We can’t just erase all the info. We still need to know if a doctor has malpractice suits or if a politician is lying. So, the law has to find a middle ground.

A good way to think about it is this:

Is it about crime or public safety? Then the info should probably stay.

Is it about a private issue, like an old debt or a personal mistake? Then the person should get their privacy back.

 The Way Forward: “Teaching” AI to Forget

 Scientists are working on something called “Machine Unlearning.” It’s basically teaching an AI how to “forget” certain pieces of info without having to start all over again. In the next few years, lawyers and scientists have to come together to make this a norm.

Conclusion: Protecting Our Future Selves

Technology is amazing, but it should never be a prison. If we lose the right to forget, we will also lose the right to grow. The law must be strong enough to tell the big tech companies: “The right to human dignity is more important than your data.” We all have the right to grow, to change, and to leave our pasts behind.

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