New Delhi: The Right to Be Forgotten has received a major boost in India after the Delhi High Court recognised it as a constitutional right linked to privacy under Article 21 of the Constitution.
In a landmark judgment, the court laid down a detailed framework for removing, masking, or de-indexing personal information from judicial records available online.
The ruling is expected to have a significant impact on digital privacy, internet search results, and access to court records across India.
Right to Be Forgotten: What Did the Delhi High Court Say?
Justice Sachin Datta ruled that the Right to Be Forgotten is a part of the constitutional right to informational privacy.
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The court said:
- Individuals can seek removal or restriction of personal information from public digital access in suitable cases.
- Privacy, dignity, and informational self-determination are protected under Article 21.
- Digital records should not permanently harm a person’s reputation when the information no longer serves a legitimate public purpose.
- Courts must balance privacy rights with transparency, freedom of speech, and public interest.
Background of the Case
The judgment was delivered on May 29 while deciding a batch of petitions filed by:
- Individuals who had been acquitted in criminal cases.
- Persons discharged from criminal proceedings.
- Parties involved in matrimonial disputes.
- Individuals whose names appeared incidentally in court records.
The petitioners sought:
- Removal of links from search engine results.
- De-indexing of judicial records.
- Masking of personal identities in publicly available court documents.
Right to Be Forgotten: Key Guidelines Issued by the Court
The Delhi High Court created a framework for handling Right to Be Forgotten requests.
The Court May Allow:
- De-indexing of judgments from name-based search results.
- Masking of personal information in digital court records.
- Restriction of access to outdated information causing disproportionate harm.
The Court Will Consider:
- Nature and sensitivity of the information.
- Whether the person was acquitted or discharged.
- Passage of time since the event.
- Public interest in retaining access.
- Impact on privacy, dignity, and rehabilitation of the individual.
Why Is Right to Be Forgotten Judgment Important?
The ruling is one of the most comprehensive judicial pronouncements on digital privacy in India.
Experts believe it:
- Strengthens privacy rights in the digital age.
- Protects individuals from perpetual online exposure.
- Helps people move on from past legal disputes.
- Creates guidance for courts dealing with similar petitions.
At the same time, the court stressed that the Right to Be Forgotten is not absolute and must be balanced against public access to judicial records and freedom of information.
Previous Cases on Right to Be Forgotten
Indian courts have gradually expanded recognition of privacy rights in recent years.
Important cases include:
- Jorawar Singh Mundy v. Union of India (2021), where de-indexing relief was granted after acquittal.
- SK v. Union of India (2023), where the Delhi High Court directed masking of an acquitted person’s name from online judgments.
- Multiple cases involving requests to remove outdated criminal records and personal information from online platforms.
Connection With Privacy Law
The judgment builds upon the landmark Justice K.S. Puttaswamy v. Union of India Judgment decision, where the Supreme Court recognised privacy as a fundamental right.
The court also referred to informational privacy principles and the growing need to protect individuals in an era where online information can remain accessible indefinitely.
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