​Preserving the record, Pg6

Key Highlights:

• The Delhi High Court on May 29, 2026, issued an order concerning the 'right to be forgotten' in the context of digital court records.
• This ruling highlights a tension between the constitutional principle of open justice and an individual's right to informational privacy.
• Justice Sachin Datta concluded that the 'right to be forgotten' is a facet of Article 21 and allows individuals to seek de-indexing of personal details from name-based search results in specific cases.
• The court directed search engines and legal information platforms, including Indian Kanoon, to restrict name-based searches for cases involving acquittals, discharges, quashing, settlements, or private disputes.
• The article argues that the fundamental issue is incompleteness of records, not discoverability, advocating for digital accuracy in judicial information.

Detailed Insights:

• The Supreme Court of India in Justice K.S. Puttaswamy (2017) recognized the right to privacy as a fundamental right under Articles 14, 19, and 21 of the Constitution, encompassing informational privacy.
• The Delhi High Court's decision provides a framework for the 'right to be forgotten' in India, clarifying that it is not absolute and must be balanced against public interest and freedom of expression.
• The court's directive focuses on de-indexing name-based search results and masking personal identifiers, ensuring that the substance of judgments remains accessible through other search parameters like case numbers.
• The article suggests that judicial records should be wholly public and updated to prominently reflect final decisions, such as acquittals or discharges, rather than preserving only initial accusations.
• This proposed solution aims to safeguard both fundamental rights by preventing individuals from being permanently defined by past events while upholding the integrity and accessibility of the public record.
• The Digital Personal Data Protection Act (DPDP), 2023, further supports the principles of data erasure, providing a statutory basis for aspects of the right to be forgotten.

Key Concepts Involved:

• Open Justice: A constitutional principle ensuring public scrutiny of courts, transparency in legal proceedings, and the creation of a historical record of justice administration.
• Right to Informational Privacy: An individual's right to control the dissemination and use of their personal information, recognized as a fundamental right in India.
• Right to be Forgotten (RTBF): The right of an individual to request the removal or restriction of their personal information from public digital accessibility when it is no longer relevant or serves no legitimate public purpose.
• Digital Accuracy: The concept that digital judicial records should be complete, updated, and prominently reflect all major actions and decisions, including acquittals or discharges.