Karnataka HC Upholds Right To Be Forgotten Online
Why in the News ?
The Karnataka High Court recognised the Right to be Forgotten by directing online platforms and judicial record-keepers to mask the identity of an acquitted woman, reinforcing privacy, dignity, and the meaningful effect of judicial acquittal in the digital era.
Karnataka High Court Strengthens Digital Privacy Rights:
● The Karnataka High Court directed Google, Indian Kanoon, the State Police, and court registries to mask the name of a woman acquitted under the Immoral Traffic (Prevention) Act, 1956.
● The petitioner, an Iranian national, had been prosecuted in 2013–14 but was acquitted in 2019 due to:
○ Delay in registration of the First Information Report (FIR).
○ Lack of credible evidence.
○ Procedural lapses by investigating authorities.
● The woman later obtained refugee status and permanent residence in Sweden, but online search results continued to associate her with the criminal case.
● The Court observed that persistent online availability of obsolete criminal records harmed her employment opportunities and public reputation.
● It ruled that an acquittal is a judicial declaration of innocence, and its benefits should not be undermined by digital records that perpetuate past allegations.
Significance of the Right to be Forgotten
● The Court emphasised that in the digital age, search engine results significantly influence public perception, often replacing deeper human inquiry.
● It held that continued online publication of accusations after acquittal imposes a civil and reputational penalty beyond the criminal proceedings.
● The judgment reinforces:
○ Right to Privacy.
○ Human Dignity.
○ Reputation as an integral component of personal liberty.
● Rejecting concerns that such orders could open the “floodgates” for similar petitions, the Court stated that constitutional rights cannot be denied merely because others may also seek them.
● The ruling highlights the need to balance:
○ Transparency of judicial records, and
○ Protection of individuals from perpetual digital stigma after exoneration.
| About Right to be Forgotten: ● Right to be Forgotten (RTBF): ○ Refers to an individual’s right to seek removal, masking, or restriction of personal information from public access when it is no longer relevant or causes unjustified harm. ○ Not expressly mentioned in the Constitution but derived from the Right to Privacy. ● Constitutional Basis: ○ Article 21 – Protection of life and personal liberty. ○ Justice K.S. Puttaswamy v. Union of India (2017): Recognised the Right to Privacy as a Fundamental Right. ● Digital Personal Data Protection Act, 2023: ○ Provides individuals with rights relating to correction and erasure of personal data under specified conditions. ● Judicial Position in India: ○ Indian courts have increasingly recognised RTBF in cases involving acquitted persons, victims of offences, and sensitive personal information. ○ The right is not absolute and must be balanced with: ■ Freedom of Speech and Expression (Article 19(1)(a)). ■ Public Interest. ■ Transparency of Judicial Proceedings. |