Delhi HC recognises ‘right to be forgotten’, lays down framework for de-indexing judicial records
GS2Polity · Governance · IR· Fundamental rights, DPSP & duties· Prelims + Mains·
Why in news
The Delhi High Court recognized the 'right to be forgotten' as a facet of Article 21, establishing a framework to de-index and mask personal identifiers in judicial records.
Background
The Delhi High Court ruled that individuals have the right to have personal information removed from public digital accessibility. The court mandated masking personal identifiers in court records to prevent indefinite links to past proceedings, particularly for acquitted individuals.
Facts for Prelims
- ConstitutionRight to be forgotten: Recognized by Delhi HC as a right under Article 21 (Right to Life and Liberty).
- FactDe-indexing: The court established a framework to remove personal identifiers from publicly accessible judicial records.
- FactExceptions: The court noted that the right to be forgotten may not apply in cases involving convictions for serious offenses.
For Mains
Q. Examine the conflict between the principle of 'open justice' and the individual's 'right to be forgotten' in the digital age.
Dimensions to cover in your answer
- Privacy vs Transparency: Balancing the public's right to access judicial records against individual privacy rights.
- Digital Permanence: Addressing the risk of 'perpetual digital footprints' for acquitted individuals in online databases.
- Judicial Framework: Need for standardized protocols to mask identifiers without compromising the integrity of legal archives.
Keywords: Right to Privacy · Article 21 · Open Justice · Digital Footprint · De-indexing · Judicial Transparency
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