Preserving the record: On the right to be forgotten

Source: The post “Preserving the record: On the right to be forgotten” has been created based on “Preserving the record: On the right to be forgotten”, published in “The Hindu” on 04th June 2026.

UPSC Syllabus: GS-2-Polity & Governance

Context:  The right to be forgotten seeks to provide individuals with greater control over their personal information in the digital age. However, its implementation must be balanced with the principles of open justice, public access to court records, and judicial transparency.

Importance of Open Justice

1. Promotes Public Understanding of Law: Open justice enables citizens to understand court proceedings and legal principles. It strengthens trust in the judicial system.
2. Creates a Historical Record: Public court records preserve the history of judicial administration. They ensure accountability and transparency in decision-making.
3. Facilitates Access to Justice: Publicly available judgments help litigants, lawyers, and researchers access legal information. They support informed legal decision-making.

Right to be Forgotten and Privacy Concerns

1. Protection of Personal Information: The right allows individuals to exercise control over their personal data. It seeks to limit unnecessary exposure of personal information online.
2. Impact of Digitisation: Digital court records can be accessed by anyone with an internet connection. Search engines and databases make information easily discoverable and permanently available.
3. Delhi High Court’s Observation: The court recognised the need to balance privacy with open justice. It held that merely updating records may not adequately protect individuals from reputational harm.

Challenges in Implementing the Right to be Forgotten

1. Conflict Between Privacy and Public Interest: Privacy rights may clash with society’s interest in accessing judicial records. Excessive restrictions can undermine transparency.
2. Incomplete Digital Records: Court databases often do not reflect the final outcome of cases. A person acquitted or discharged may still appear linked to allegations.
3. Persistence of Digital Information: Information remains accessible indefinitely through search engines. This can affect reputation even after legal exoneration.
4. Risk to Open Justice: Removal or concealment of records may reduce public scrutiny of judicial proceedings. It may weaken the principle of open courts.

Judicial Position

1. Justice K.S. Puttaswamy (2017)

1. The Supreme Court recognised privacy as a fundamental right.
2. The judgment discussed the possibility of a right to control personal information.

2. Indian Kanoon Case (2024)

1. The court ruled that judicial records must remain publicly accessible.
2. It held that records should not be obscured in a manner inconsistent with public access and open justice.

2. Delhi High Court Ruling (2026)

1. The court attempted to balance competing interests.
2. It held that updating official records would not sufficiently address concerns regarding discoverability of information.
3. It permitted partial concealment of certain portions without requiring the removal of case details.

Way Forward

1. Improve Accuracy of Judicial Records

1. Digital records should clearly reflect the final outcome of cases.
2. Acquittals, discharges, and case closures should be prominently displayed.

2. Regular Updating of Databases: Courts should ensure timely updating of records on judicial platforms.
3. Balance Privacy and Transparency

1. Sensitive personal information may be masked where necessary.
2. Core judicial records should remain accessible in the public interest.

4. Establish Uniform Guidelines: The judiciary should frame clear standards for handling requests related to the right to be forgotten.

Conclusion: The right to be forgotten is an important privacy safeguard in the digital era, but it cannot override the principle of open justice. The solution lies in accurate, updated, and contextualised judicial records that protect individual dignity while preserving transparency, accountability, and public confidence in the justice system.

Question: The right to be forgotten must be balanced against the principles of open justice and public interest. Examine the challenges involved and suggest measures to ensure both privacy protection and judicial transparency.

Source: The Hindu