Right to be forgotten

Source-This post on Right to be forgotten has been created based on the article “SC to examine acquitted man’s ‘right to be forgotten’: What is the right, and how have courts ruled earlier?” published in “The Indian Express” on 29 July 2024.

UPSC Syllabus-GS Paper-2- Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

Context- The Supreme Court will decide if the “right to be forgotten” is a fundamental right and how it fits with other constitutional rights. This comes after a Madras High Court ruling that ordered a legal portal Indian Kanoon to remove a judgment. The acquitted man claimed that the availability of this judgment in public domain prevented him from getting Australian citizenship.

What is the right to be forgotten?

Definition– The “right to be forgotten” allows individuals to remove outdated or irrelevant personal information from the internet.

Global Precedent-The CJEU (Court of Justice of the European Union) ruled in the “Google Spain case” that search engines must remove outdated or irrelevant data. This decision, based on Articles 7 and 8 of the EU Charter and Article 17 of the GDPR (General Data Protection Regulation), supports the right to control personal information, including for victims of “revenge porn.

A detailed article on Data Security in India: Need and Challenges can be read here.

How is the right interpreted in India?

India lacks a specific law for the right to be forgotten. However, K.S. Puttaswamy v. Union of India case recognized the right to privacy, which includes elements of this right.

Justice S.K. Kaul, in the Puttaswamy case, mentioned that the right to be forgotten allows individuals to remove outdated or irrelevant personal data. However, it does not apply to all past information such as cases involving public interest, legal requirements, public health, research, and legal claims.

What are Judicial Precedents in India?

1)  Rajagopal vs. State of Tamil Nadu (1994)- The Supreme Court recognized a “right to be let alone” but observed that it does not apply to public records such as court decisions.

2) Dharamraj Bhanushankar Dave vs. State of Gujarat (2017)- The Gujarat High Court declined to remove details of an acquittal from public records.

3) [Name Redacted] vs. The Registrar General (2017)- The Karnataka High Court kept a petitioner’s name private in a sensitive annulment case.

4) In 2021, the Delhi High Court allowed the removal of search results for Jorawar Singh Mundy, an American law student acquitted in a drug case. The court did this to prevent harm to Mundy’s social life and career.

5) In 2020, the Orissa High Court urged a wider discussion on the right to be forgotten, highlighting the practical and technological challenges.

Question for practice

What does the right to be forgotten entail? How is this right understood and applied in India? What are some important judicial precedents related to this right in India?