1st August 2024 (13 Topics)
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‘Right to be Forgotten’ from Judicial Records
Context
The Supreme Court agreed to examine whether the "right to be forgotten," a component of the right to privacy, extends to judicial orders, which are usually considered public records.
Right to Be Forgotten in India
- The right refers to the ability to have one's digital footprint removed from search engine results or databases.
- 2017 Supreme Court Ruling: SC established the right to privacy as a fundamental right, integral to "life and liberty," including the concept of "informational privacy."
- 2018 and 2019 Drafts of Digital Personal Data Protection Act: It acknowledged the right to be forgotten but the final version subsumed it under a simpler right to "erasure."
- International Context (European Union): The right to be forgotten is enshrined in the 2016 EU Regulation and the 2018 General Data Protection Regulation (GDPR), which established the "right to erasure."
Supreme Court's Concern
- Serious Ramifications: The apex court cautioned that removing judgments from the public domain following an accused’s acquittal could have serious ramifications.
- Madras High Court Case: The Supreme Court stayed a judgment of the Madras High Court, which had directed to remove a verdict acquitting a man in a rape case from its website.
Need for Judicial Clarity
- Comprehensive Guidelines: There is a lack of judicial clarity regarding the grounds for invoking the right to be forgotten. The Supreme Court needs to formulate guidelines to enable consistent application by High Court registries.
- Discretion of Online Portals: Leaving redaction to the discretion of online portals and search engines could amount to tampering with court records, a serious offence.
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