INTRODUCTION
There has been a landmark case entertained by the Delhi High Court wherein a person from Kerala and an IIM-Calcutta graduate, Cherthala Taluk, had filed a plea under the argument of right to be forgotten. Right to be forgotten is one of the concepts attached with privacy rights in the digital era. It stands at an extremely well-balanced approach between public right of access to judicial records and individual rights under Article 21 of the Indian Constitution.
BACKGROUND
In February 2021, the High Court ruled in a matter of contempt, where Taluk alleged his former wife had breached a Memorandum of Understanding negotiated and entered into the parties at the time of the mutual divorce between them back in 2015. The judgment contained personal identifiers which later appeared on the internet un-redacted thereby causing serious harm to Taluk’s dignity and privacy. His repeated requests to the site owners for removal of such details were unsatisfactorily responded to so he filed a writ petition. It also expanded the emerging legal framework relating to the “right to be forgotten.” From being one of the rights to the privacy of a person, the doctrine provides a person with some control over the personal data accessible to the public eye when that information becomes stale or damaging. It throws up a case by which to plead that publishing personal information of Taluk violated his right under Article 21 of the Constitution.
KEY ASPECTS
- Privacy Rights and Article 21
A plea by Taluk asserts it as an infringement upon his basic right of privacy, secured by Article 21 of the Constitution in that the continued publication of day-to-day personal details.
- Judicial Precedent
In this case, reliance is placed on increasing recognition of the “right to be forgotten” within Indian Jurisprudence, following an absolute recognition by the Supreme Court in a landmark judgment Puttaswamy (2017).
- Public Interest vs. Private Rights
Whether the judicial documents carrying personal identities could be some form of public interest as such publication infringes on an individual’s dignity and right to privacy.
- Judicial Control
The petition calls upon the judiciary to exercise more control so that sensitive information in court orders published is redacted. Sweeter Implications The case draws clearer lines between judicial transparency and individual privacy in an essentially digital-first world.
CONCLUSION
This will be one of the most significant decisions concerning privacy and data protection in Indian law. This would be one of the first judgments dealing with the applicability and implementation of “the right to be forgotten” in India and hence, in that regard, would set down an important precedent as to how far public access to judicial records can go without rights of individuals being secured. And it is here that a permanent digital footprint demands stronger safeguard mechanisms of personal dignity and privacy in this increasingly interconnected world.
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WRITTEN BY RICHA PANDEY
