Ministry of Human Rights Explains Rationale for 'Right to Be Forgotten' on Social Media

The Ministry of Human Rights (HAM) is advocating for provisions on the ‘right to be forgotten’ in the revision of the Human Rights Law to protect citizens from the long-term impacts of digital footprints. Ministry of Human Rights technical expert Wahyudi Djafar stated that technological advancements make personal information easily accessible in the digital sphere, including for individuals who have undergone legal processes and social rehabilitation. ‘He remains stigmatised as a criminal or corruptor despite having fulfilled all court-mandated obligations,’ Wahyudi said during a public consultation on the revision of Law No. 39 of 1999 on Human Rights in Jakarta on Monday (25/6), as reported by Antara. He added that this situation could hinder individuals from securing employment, education, or other social opportunities as old information continues to surface in search engines. Wahyudi explained that the ‘right to be forgotten’ concept originated from a 2014 European Court ruling in the Mario Costeja case in Spain, where he sought removal of his name from search results after being declared bankrupt. ‘The European Court ruled that his name must be cleared from search results,’ he said. However, he stressed that the right to be forgotten does not mean permanently deleting journalistic works or public information, but rather removing links from search engines via de-listing or de-indexing mechanisms. ‘There is no removal of media coverage, but rather de-listing or de-indexing of news from search engines,’ he said. According to Wahyudi, the implementation of this right must balance public interest and the protection of citizens’ personal data. ‘Courts will weigh which takes precedence—protection of personal information or public interest,’ he added. He added that personal data protection principles are also a key part of HAM compliance standards for digital technology companies operating in Indonesia. The Ministry of Human Rights is currently incorporating digital human rights issues, personal data protection, and corporate responsibility into the ongoing public consultation for the Human Rights Law revision.