Delhi HC recognises ‘right to be forgotten’, lays down rules for de-indexing judicial records, Pg10

Key Highlights:

• The Delhi High Court recognized the "right to be forgotten" as part of the constitutional right to privacy under Article 21.
• The ruling enables individuals to request the removal of personal information from public digital access if it no longer serves a legitimate public purpose.
• Justice Sachin Datta issued a 144-page judgment outlining rules for de-indexing judicial records and masking personal identifiers.
• The court addressed over 30 petitions from individuals seeking relief from the public availability of judicial records bearing their names.

Detailed Insights:

• The "right to be forgotten" allows individuals to control their personal information online, balancing privacy with the public's right to information.
• The court noted the absence of a specific law in India governing the "right to be forgotten", but asserted the power of constitutional courts to enforce this right.
• Petitioners argued that the continued availability of judicial records online caused disproportionate harm to their reputation, dignity, and life prospects.
• The court directed search engines and legal databases to de-index specific judgments and orders from name-based search results to protect privacy.

Key Concepts Involved:

• Right to be Forgotten: The right to have personal information removed from online search results and databases under certain circumstances.
• De-indexing: The process of removing a webpage or online content from a search engine's index, making it unavailable through search results.
• Article 21: A fundamental right in the Indian Constitution that guarantees the protection of life and personal liberty.