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Scanned Judgements…!
Fundamental Right & Privacy: The right to be forgotten is recognized as an inherent part of the right to privacy, which is a fundamental right under Article 21 of the Indian Constitution. Multiple sources (e.g., Puttuswamy case, 2024 Supreme(Online)(Kar) 37794, 2022 0 Supreme(Ker) 950, 2025 0 Supreme(P&H) 14) affirm that this right supports an individual's dignity, privacy, and right to live with dignity.
Evolving Legal Recognition: The Indian judiciary has progressively acknowledged the right to be forgotten, often on a case-by-case basis, especially in contexts involving personal data and privacy (e.g., 2024 Supreme(Online)(Kar) 37794, 2025 Supreme(Online)(Del) 10775). The Supreme Court has recognized it as a basic right under informational privacy, aligning with global developments.
Scope and Limitations: The right is not absolute. It must be balanced against public interest, historical accuracy, and the right to information. Courts have emphasized that it cannot be used to rewrite history or create false narratives (e.g., 2025 Supreme(Online)(Del) 10775). The right to be forgotten primarily aims to protect individuals from inaccurate or outdated information, enabling them to move forward with dignity.
Comparison with European Law: The European Union's principle of the right to be forgotten is rooted in personality rights, including dignity and honor. This global perspective influences Indian jurisprudence, which recognizes similar protections (e.g., 2024 0 Supreme(Kar) 110, 2024 0 Supreme(Ker) 221).
Distinction from Right to Erasure: The right to be forgotten is broader than mere data erasure. It involves the right to have information about oneself deleted after a certain period, especially when such information is outdated or incorrect (e.g., 2022 0 Supreme(Ker) 950).
Limitations in Judicial and Public Records: Courts have held that judicial records and credentials are expected to be maintained, and the right to be forgotten does not extend to erasing such records, as they serve the interest of transparency and public record integrity (e.g., 2022 Supreme(Online)(MAD) 14507).
Broader Concerns: There are concerns that overemphasizing the right to be forgotten could hinder the free flow of information and collective memory, leading to memory holes and potential distortions of history (e.g., 2024 0 Supreme(Ker) 221, 2024 Supreme(Online)(KER) 50141).
The right to be forgotten in India is increasingly recognized as a facet of the fundamental right to privacy, with judicial acknowledgment aligning with international norms, especially in the European Union. While it empowers individuals to protect their dignity and personal data, it is not an absolute right and must be balanced against public interest, transparency, and historical record integrity. Courts emphasize that the right does not permit rewriting history or erasing judicial records, highlighting the importance of maintaining a balance between privacy rights and the collective right to information. Overall, the right to be forgotten is evolving within a framework that seeks to safeguard individual privacy without compromising societal interests.
References:
In today's digital age, where personal information lingers online indefinitely, the has emerged as a crucial tool for individuals seeking control over their digital footprint. But what exactly are the ingredients? This concept, often misunderstood, blends privacy rights, data protection laws, and judicial interpretations. Whether you're an individual dealing with outdated online records or a business navigating compliance, understanding its core elements is essential.
This article breaks down the definition, categories, Indian judicial recognition, limitations, and practical recommendations. We'll draw from key legal precedents and global standards to provide a comprehensive overview. Note that this is general information and not specific legal advice—consult a qualified attorney for your situation.
The is rooted in the , promoting and over personal data. As defined by Cécile de Terwangne, it allows individuals to demand deletion of their information after a certain period 2022 0 Supreme(Ker) 950.
In the European Union, this right is codified under the (GDPR), specifically Article 17, which permits data subjects to request erasure under defined conditions, such as when data is no longer necessary or consent is withdrawn 2022 0 Supreme(Ker) 950.
India, while not having a direct GDPR equivalent yet, recognizes this through its constitutional framework. The Supreme Court has affirmed that the is a fundamental right and forms an intrinsic part of . The concept of incorporates the 2024 Supreme(Online)(Del) 32849. This stems from the landmark judgment, which expanded privacy as part of the right to life and personal liberty 2024 Supreme(Online)(Del) 32849.
Over time, courts have interpreted Article 21's right to life to encompass more than mere survival: (i) livelihood; (ii) all those aspects of life which go to make a man's life meaningful, complete and worth living; (iii) something more than mere survival or animal existence 2023 0 Supreme(SC) 5. Privacy, including the , fits within this expansive view.
The isn't monolithic; it comprises several interrelated categories:
: Predating the digital era, this allows erasure of conviction records after rehabilitation periods in various jurisdictions 2022 0 Supreme(Ker) 950.
/Deletion: Under data protection laws, individuals can request removal of inaccurate, obsolete, or unlawfully processed data. This is conditional, not absolute 2022 0 Supreme(Ker) 950.
: Targets search engines to delink pages with excessive or irrelevant personal info, as seen in EU cases influencing global norms 2022 0 Supreme(Ker) 950.
: A digital-age extension, focusing on withdrawing personal data from public view 2022 0 Supreme(Ker) 950.
These categories highlight the right's multifaceted nature, adapting traditional privacy to online realities. Globally, it's recognized as valid, including in India's Supreme Court precedents 2024 Supreme(Online)(KER) 10246.
Indian courts have progressively embraced this right, balancing it with other freedoms. The in Vysakh K.G. v. Union of India explicitly recognized the as part of the , stressing individuals' control over personal information 2023 0 Supreme(Del) 651 2023 0 Supreme(Ker) 968.
The court emphasized: while significant, it must yield to in judicial transparency and under 2023 0 Supreme(Ker) 968 2023 0 Supreme(Ker) 920. This reflects a nuanced approach where privacy isn't absolute.
Further, the Supreme Court has clarified that fundamental rights like those under Articles 19 and 21 have both vertical (against the state) and horizontal (between individuals) effects. Exercise of all fundamental rights by all citizens is possible only when each individual respects other person’s rights – No one can exercise his right of speech in such a manner as to violate another man’s right (Per V. Ramasubramanian, J.) 2023 0 Supreme(SC) 5. This horizontal application supports enforcing privacy against private entities, like search engines or publishers.
The has clear boundaries, particularly in judicial contexts:
It generally cannot override pending or concluded court proceedings, prioritizing public right to know and judicial transparency 2023 0 Supreme(Ker) 968 2023 0 Supreme(Ker) 920.
In sensitive matters like matrimonial disputes, courts may mask identities to protect privacy 2023 0 Supreme(Ker) 968.
Article 19(2) lists exhaustive grounds for restricting free speech; additional limits via competing rights aren't permissible without fitting those grounds 2023 0 Supreme(SC) 5. Thus, claims must navigate this carefully.
The State also has a duty to protect Article 21 rights against non-state threats, reinforcing the right's enforceability 2023 0 Supreme(SC) 5.
For those invoking this right:
Assess if data is inaccurate, obsolete, or irrelevant—key triggers under laws like GDPR Article 17.
In India, approach courts via writs under , citing privacy precedents.
Balance strategies: Highlight privacy harms while addressing counterarguments.
Businesses should implement data minimization and erasure policies to preempt claims.
The ingredients in India weave privacy (Article 21), data laws, and free speech (Article 19) into a delicate balance. From rehabilitation to delisting, it's evolving but tempered by transparency needs, as seen in Vysakh K.G. and Puttaswamy.
Key Takeaways:- Rooted in privacy as a fundamental right 2024 Supreme(Online)(Del) 32849.- Categories include erasure, delisting, and oblivion 2022 0 Supreme(Ker) 950.- Judicially recognized but limited by 2023 0 Supreme(Ker) 968.- Horizontal effect enables enforcement against private actors 2023 0 Supreme(SC) 5.
As data protection laws like the mature, this right may strengthen. Stay informed, but seek professional advice for specific cases.
References:- 2022 0 Supreme(Ker) 950 2023 0 Supreme(Del) 651 2023 0 Supreme(Ker) 968 2023 0 Supreme(Ker) 920 2024 Supreme(Online)(Del) 32849 2024 Supreme(Online)(KER) 10246 2023 0 Supreme(SC) 5
#RightToBeForgotten #PrivacyLawIndia #DataProtection
Puttuswamy (supra), ‘the right to be forgotten’ and the ‘right to be left alone’ are inherent aspects of a person’s right to privacy. ... On going through the plaint, I find it contains distinct prayers, including the plaintiff’s right to privacy, dignity and right to be forgotten, apart from the claim for damages for defamation/libel. ... It was submitted that the pla....
The Apex Court recognizes the right to be forgotten to be a basic right under the right to informational privacy. ... Evolving this concept of a right to be forgotten or right to erasure have been the subject matter of the Personal Data Protection Bills notified from time to time. The Personal Data Protection Bill, 2018 recognizes the right to be #HL_S....
The Apex Court recognizes the right to be forgotten to be a basic right under the right to informational privacy. ... Evolving this concept of a right to be forgotten or right to erasure have been the subject matter of the Personal Data Protection Bills notified from time to time. The Personal Data Protection Bill, 2018 recognizes the right to be #HL_....
Defining The Right To Be Forgotten: 28. The right to be forgotten is derived from the broader category of the right to privacy. ... Therefore, the right to erasure cannot be understood in the same manner, as we refer to the right to be forgotten. The right to be forgotten can be claimed to erase memory to move forwar....
to be forgotten”. ... It is well settled that the right to privacy is a fundamental right and forms an intrinsic part of Article 21 of the Constitution of India. The concept of right to privacy incorporates the right to be forgotten. ... Union of India and others : (2017) 10 SCC 1 to contend that the right to privacy incorporates the right to be #HL_ST....
It is well settled that the right to privacy is a fundamental right and forms an intrinsic part of Article 21 of the Constitution of India. The concept of right to privacy incorporates the right to be forgotten. ... to be forgotten”. ... Such would be contrary to the individual’s right to privacy which includes the right to be forgotten#HL_EN....
The international legal concept of “right to be forgotten” is evolving in India. ... Through the learned senior counsel strongly contended that every individual has the right to be forgotten, I consciously refrain from venturing into consideration of the larger issue. ... This is because a learned Judge of this Court had already taken a view that the right to be forgotten cannot be invok....
[See Kristie Byrum, The European Right to be Forgotten]. 14. ... He submits that this is causing him prejudice and therefore, has been constrained to approach this Court, especially since, “the right to be forgotten” has been globally recognised as a valid right, which also finds recognition in the judgment of the Hon'ble Supreme Court in Justice K.S. ... The reliefs sought for can, therefore, not be brou....
[See Kristie Byrum, The European Right to be Forgotten] 14. ... He submits that this is causing him prejudice and therefore, has been constrained to approach this Court, especially since “the right to be forgotten” has been globally recognised as a valid right, which also finds recognition in the judgment of the Hon'ble Supreme Court in Justice K.S. ... While certain individuals argue that the r....
[See Kristie Byrum, The European Right to be Forgotten]. 14. ... He submits that this is causing him prejudice and therefore, has been constrained to approach this Court, especially since, “the right to be forgotten” has been globally recognised as a valid right, which also finds recognition in the judgment of the Hon'ble Supreme Court in Justice K.S. ... The reliefs sought for can, therefore, not be brou....
When the word "life" was understood to mean only physical existence, the deprivation of the same was generally conceived to be possible only by the State, except in cases where someone committed an offence punishable under the Penal Code. Over a period of time, this Court has interpreted the right to life to include, (i) livelihood; (ii) all those aspects of life which go to make a mans life meaningful, complete and worth living; (iii) something more than mere survival or animal existence; (iv....
The publication of the judgments online and allowing the same to remain online forever may infringe upon the right of a party based on the right to be forgotten. The problem that has arisen in the absence of legislation is determining the period or circumstances under which a party can invoke the aforesaid right. Therefore, it can only apply retrospectively, on information that has already been disclosed, rather than being claimed to mask information ex-ante. We may have to distinguish this ri....
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