Right to be Forgotten, Background, Significance and Challenges

Context: The Supreme Court of India has agreed to hear a case that will shape the “right to be forgotten”.

Right to be Forgotten: Background

• A three-judge Bench led by Chief Justice of India (CJI) D Y Chandrachud will review a challenge against a Madras High Court ruling from February 27.
• The case involves a 2014 rape and cheating judgment, which an acquitted man wants to be removed from the legal search portal Indian Kanoon.
• The man was denied Australian citizenship due to the publicly available judgement and moved the Madras HC in 2021 for its removal.

What is Right to Be Forgotten?

• Described as the right to remove one’s digital footprint when it violates privacy.
• Affirmed in May 2014 by the Court of Justice of the European Union (CJEU) in the “Google Spain case”.
• In the EU, Articles 7 and 8 of the EU Charter on Fundamental Rights support this right.
• Article 17 of the EU’s General Data Protection Regulation (GDPR) outlines the right to erasure, aiding individuals in controlling their personal information online.

Interpretation of Right to Be Forgotten in India

• No statutory framework for the right to be forgotten exists in India.
• Recognized as part of the right to privacy in the 2017 Justice K S Puttaswamy v Union of India case.
• In the Puttaswamy judgement, highlighted that this right allows individuals to remove personal data when it is no longer necessary or relevant.
• Valid justifications for violating this right include freedom of expression, legal obligations, public interest tasks, health grounds, archiving purposes, scientific research, and legal claims.

Court Rulings on the Right to Be Forgotten

• Rajagopal vs. State of Tamil Nadu (1994):
  • Recognized the “right to be let alone”.
  • Differentiated between private matters and public records like court decisions, which are legitimate subjects for public comment.
• Dharamraj Bhanushankar Dave vs State Of Gujarat (2017):
  • Gujarat HC refused to remove details of acquittal from a public domain, maintaining that court orders should remain public.
• [Name Redacted] vs The Registrar General (Karnataka HC, 2017):
  • Protected the name of the petitioner in an annulment case.
  • Referenced Western trends in sensitive cases, particularly involving women.
• Jorawar Singh Mundy Case (Delhi HC, 2021):
  • Allowed removal of a criminal case ruling from search results to protect social and career prospects of the petitioner.
• Orissa HC (2020):
  • Acknowledged the need for a widespread debate on the right to be forgotten, especially in cases involving “revenge porn”.
  • Highlighted practical and technological challenges in implementing the right.

Significance and Challenges

• The upcoming Supreme Court ruling will determine the status and scope of the right to be forgotten in India.
• The right to be forgotten has practical implications for privacy, freedom of expression, and the public’s right to information.
• Existing Indian laws and high court rulings provide varied interpretations, indicating the complexity of enforcing this right.

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