Do Data Subjects Have the Right to Be Forgotten?
With the proliferation of data created each day across internet browsers, social media, digital transactions, streaming, logins, and other channels, many data subjects are uncertain about their data privacy rights: can they be forgotten?
While many countries in the Asia Pacific region follow jurisdictional directives that personal data shouldn’t be kept for longer than necessary for the fulfilment of the purpose for which the data is used, there are some variations in how each jurisdiction handles the “right to be forgotten.” There are also precedent cases and judicial pronouncements that address the “right to erasure” of personal data.
This article provides an overview of the “right to be forgotten” in countries within Globalaw’s Asia Pacific region, including Hong Kong, India, Japan, South Korea, and Taiwan.
Hong Kong
Although there is no explicit “right to be forgotten” in Hong Kong, under the Personal Data (Privacy) Ordinance, data users must ensure personal data is retained only as long as necessary and generally must take reasonable steps to delete the personal data they hold when it is no longer needed, unless statutory exemptions apply.
India
There is no clear statutory provision; the Indian courts have recognized the “right to be forgotten” in some judicial pronouncements.
The Indian judiciary has also attempted to clarify the distinction between “right to be forgotten” and the “right to erasure” in its court decisions.
Further, the forthcoming Digital Personal Data Protection Act (DPDPA) will provide for a statutory “right to erasure” (unless the statutory restrictions apply).
Japan
While Japan does not have an explicit “right to be forgotten," the Act on the Protection of Personal Information (APPI) recognises the right of data subjects to correct, add, or delete their personal data when it is inaccurate.
South Korea
Data subjects in South Korea have the right to access, correct, delete, and suspend the processing of their data, as well as the right to withdraw their consent. Although there is no explicit “right to be forgotten,” it is increasingly recognised in practice as a separate right from the general deletion right.
In common practice, business operators in South Korea often establish a defined retention period and periodically re-request consent.
Taiwan
In Taiwan, although there is no explicit “right to be forgotten,” similar protections are provided under the Personal Data Protection Act (PDPA) through various data subject rights, including rights to access, correct, delete data, and demand the cessation of data processing and use.
In practice, certain Taiwan courts have interpreted constitutional principles of informational self-determination and privacy to support this right, balancing individual rights against public interest when assessing removal requests, thus adapting to emerging digital privacy challenges.
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This article is part of a series by our Globalaw APAC Data Privacy & Protection Taskforce members.
Globalaw’s APAC Data Privacy & Protection Taskforce comprises 15 law firms in the Asia-Pacific region with specialized expertise in advising international companies on how to implement and manage a multijurisdictional data protection program.
Taskforce member firms combine a strategic, business-minded approach with cross-border collaboration to help clients build and maintain sophisticated and resilient data practices, effectively mitigate and respond to incidents, and provide sophisticated representation to resolve disputes or regulatory investigations.
Explore the Globalaw APAC Data Privacy & Protection Taskforce brochure for more information and regional contacts.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Information, including laws and statutes, cited are subject to change and is accurate as of 30 June 2025, but readers should verify such current status. We and our member firms shall not be held liable for any loss and/or damage incurred by any person acting as a result of the information contained in this article. Reliance on this content is at the reader’s own risk, and no attorney-client relationship is formed by reading or acting upon this article. Always seek professional legal counsel to ensure compliance with applicable laws and regulations.
