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Reconceptualizing the right to be forgotten: constitutional lacunae in Pakistan and legislative insights from Latvia Cover

Reconceptualizing the right to be forgotten: constitutional lacunae in Pakistan and legislative insights from Latvia

Open Access
|Sep 2025

Abstract

This article redefines the right to be forgotten (RTBF) as the key element of digital constitutionalism, paying attention to both its strictly legal and normative embodiment in Pakistan. It places the right in the context of the larger development of data subject rights and relies on the original jurisprudence such as the Google Spain judgment and the General Data Protection Regulation (GDPR) in the EU. The article criticizes the constitutional silence of Pakistan through a theoretical approach based on autonomy, human dignity and informational self-determination and then assesses the legislative gap on data deletion. In contrast, Latvia proposes a good example of Article 96 of the Constitution, Personal Data Processing Law, 2018, and the important position of the Data State Inspectorate. Based on the comparative constitutional approach, the article has provided a solid legal roadmap of Pakistan; it has suggested the amendment of the Constitution, the formulation of a data protection law, and the creation of an independent regulatory body. Finally, the article develops the right-based solution to digital privacy, which is vital to maintaining human dignity in the age of the algorithm.

Language: English
Page range: 26 - 33
Published on: Sep 30, 2025
Published by: Riga Stradins University
In partnership with: Paradigm Publishing Services
Publication frequency: 3 times per year

© 2025 LL.M Muhammad Imran Ali, published by Riga Stradins University
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.