Right to Be Forgotten: Legal Insights and Recent Developments
Introduction
The concept of the "right to be forgotten" has been highlighted by a recent ruling from the Nagpur bench of the Bombay High Court, which directed the masking of a petitioner’s identity after criminal proceedings were quashed. This brings forth a significant question for many: if acquitted or if a case is quashed, can one request the court to remove their name from online records?
Understanding the Right to Be Forgotten
- It allows individuals to ask courts to remove or limit access to personal information online when it no longer serves a public purpose and harms privacy or reputation.
- While recognized internationally, notably in the European Union, India lacks a specific law for this right. It is, however, seen as part of the right to privacy under Article 21 of the Constitution, following the K.S. Puttaswamy (2017) judgment.
- The recent Bombay High Court ruling emphasized balancing public access to information with individual privacy, leading to anonymizing a legally cleared individual's identity.
Eligibility to Seek the Right to Be Forgotten
- No automatic right exists; courts assess requests individually.
- Eligible individuals include those acquitted, discharged, with cases quashed, or involved in private disputes, who can approach High Courts under Article 226 for relief.
- The Delhi High Court noted the absence of a comprehensive statutory framework in India, while the Bombay High Court emphasized case-by-case assessment.
Types of Reliefs Granted by High Courts
- Reliefs vary based on case specifics, including masking or de-indexing information.
Masking vs. De-indexing
- Masking: Involves removing personal identifiers in judgments while keeping the judgment accessible through other details.
- De-indexing: Directs search engines not to display judgments in simple name-based searches, though accessible by other means.
- Complete removal from court websites can also be ordered while preserving official records.
Factors Considered by Courts
- Courts consider if proceedings were quashed or acquitted and the harm caused by continued disclosure.
- They also evaluate if anonymization affects judicial transparency.
Refusal of the Right to Be Forgotten
- This right is not absolute; courts can refuse relief if public interest supersedes personal privacy.
- Refusal is common in cases involving offenses against women or children, breaches of public trust, or public figures' conduct.
