Delhi HC recognises Right to Be Forgotten as part of Right to Privacy

The Delhi High Court recognised the "Right to Be Forgotten" as part of the Right to Privacy under Article 21, holding that individuals cannot suffer perpetual harm merely because information about them remains indefinitely searchable online.

The Delhi High Court has recognised the "Right to Be Forgotten" as an integral facet of the fundamental right to privacy under Article 21 of the Constitution, holding that individuals cannot be condemned to suffer perpetual reputational and personal harm merely because information about them remains indefinitely searchable in the digital domain.

Delivering a significant judgment on a batch of petitions concerning online accessibility of judicial records and internet search results, Justice Sachin Datta observed that privacy in the digital age is not merely about secrecy but about an individual's control over the dissemination of personal information. The Court noted that informational privacy encompasses informational self-determination, the right of a person to decide what information about them is disclosed, to whom, and for what purpose.

The Court observed that the permanence of online information can adversely affect employment opportunities, professional advancement, social standing, personal relationships and dignity. It held that the right to be forgotten has evolved as a constitutional response to the reality that digital records often remain accessible forever, even when their continued availability serves little or no public purpose.

Balancing Privacy and Open Justice

Addressing the balance between privacy and the principle of open justice, the Court clarified that transparency in judicial proceedings does not mean that individuals must remain perpetually identifiable through name-based internet searches. It is observed that an acquittal buried deep in search results, while allegations, arrests or accusations continue to dominate online searches, cannot be regarded as an aspect of open justice.

De-indexing and Masking as Permissible Tools

The Court held that de-indexing and masking are constitutionally permissible tools to reconcile privacy rights with public access to judicial records. It explained that de-indexing does not erase information or judicial records but merely removes their discoverability through name-based searches. Similarly, masking involves replacing names and personal identifiers in publicly accessible digital records while preserving the original judicial record in court archives.

Justice Datta emphasised that masking is not censorship and does not affect the reasoning, findings or precedential value of judgments. Rather, it prevents a person's name from becoming the searchable key that unlocks sensitive judicial records for casual public access.

Protecting the Vindicated

The Court further observed that once an individual has been acquitted, discharged, or otherwise cleared by a competent court, the continued association of that person's name with allegations in the digital space may inflict disproportionate harm on dignity and reputation. It was remarked that the "shadow of crime" should not be allowed to replace the "shadow of dignity" after the legal process has vindicated an individual.

Scope of De-indexing

Significantly, the Court held that where de-indexing is warranted, such directions may operate across all domains and versions of a search engine, observing that a remedy capable of being defeated by merely changing a domain suffix would not provide meaningful protection to the fundamental right to informational privacy.

Limitations and Exceptions

The judgment lays down detailed principles governing de-indexing and masking requests, while also identifying categories where such relief may not be available, including cases involving offences against women or children, breaches of public trust and other matters where overriding public interest continues to exist. (ANI)

The batch of petitions was heard over an extended period. Advocates Rohit Madan and Akash Vajpai appeared in the lead matter, while Senior Advocates Akhil Sibal and Arvind Nigam were among the counsel who addressed the Court in the connected cases. Nigam appeared on behalf of Google LLC.

The ruling is expected to become a landmark precedent on digital privacy, online reputation and the evolving contours of the Right to Be Forgotten in India. (ANI)

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