Context: Right to be Forgotten
The Delhi High Court held that the Right to be Forgotten is a part of the Right to Privacy under Article 21, allowing individuals to seek de-indexing of judicial records from search-engine results when continued disclosure causes disproportionate harm and no longer serves a legitimate public interest.
Core Discussion
Right to be Forgotten
- Right of an individual to have outdated, irrelevant or prejudicial personal information removed from easy public access in the digital domain.
Court’s View
- Privacy, dignity and reputation cannot be permanently compromised merely because information remains available online.
Balancing Test
Right to be Forgotten is not absolute and must be balanced against:
- Freedom of Speech
- Right to Information
- Transparency
- Open Justice
Constitutional Basis
Article 21
- Right to Life and Personal Liberty
Justice K.S. Puttaswamy v. Union of India, 2017
- Right to Privacy recognised as a Fundamental Right under Article 21.
Global Practice
- Recognised under the General Data Protection Regulation.
- Allows individuals to seek erasure of personal data under specified conditions.
