The Delhi High Court has recognised the “Right to Be Forgotten” as a vital component of the fundamental right to privacy defined under Article 21 of the Indian Constitution. This landmark ruling, delivered by Justice Sachin Datta on June 1, addresses the enduring issue of digital information, asserting that individuals should not endure continuous reputational and personal harm due to information that remains perpetually accessible online.

The judgment was part of a broader examination of several petitions pertaining to online accessibility of judicial records and the visibility of search results on the internet. Justice Datta highlighted that privacy in the contemporary digital landscape extends beyond mere secrecy; it involves an individual’s authority over how their personal information is disseminated. The Court defined informational privacy as the right of individuals to determine what personal information should be disclosed, along with the identity of the recipients and the intended purpose.

During the proceedings, the Court noted the negative impact that persistent online information could have on various aspects of a person’s life, including employment opportunities, social relationships, and personal dignity. It articulated the necessity of recognising the right to be forgotten as a constitutional measure in light of the fact that digital records often remain accessible indefinitely, which can serve little to no public interest.

Balancing Privacy and Open Justice

The Court took a nuanced approach to balancing privacy rights with the principle of open justice. Justice Datta clarified that ensuring transparency in judicial processes does not mean that individuals must be permanently identifiable through searches that include their names. He remarked that the presence of outdated information, particularly concerning acquittals overshadowed by previous allegations, contradicts the essence of open justice.

Moreover, the Court concluded that mechanisms such as de-indexing and masking could be employed to harmonise the right to privacy with public access to judicial records. It elaborated that de-indexing does not erase the information itself; instead, it prevents the details from appearing in name-based search queries. Meanwhile, the masking process involves concealing names and personal identifiers in records made accessible to the public while maintaining the integrity of the original judicial documentation.

Justice Datta stressed that the application of masking is not tantamount to censorship and does not undermine the validity of judicial reasoning or the value of legal precedents. Rather, it acts to safeguard individuals from having their names act as gateways to sensitive judicial records that should not be easily accessible to the public.

Precedent Setting Ruling on Digital Rights

The Court further stated that once a person is acquitted, discharged, or cleared by a competent authority, any ongoing association of their name with past accusations can lead to disproportionate harm to their dignity and reputation. It remarked that the legal process should not allow the “shadow of crime” to eclipse the “shadow of dignity” after a person has been legally vindicated.

In a pivotal aspect of the ruling, it was decided that de-indexing orders should have a broad application and be effective across all search engine domains and versions. The Court asserted that if such a remedy could easily be circumvented by changing a domain suffix, it would fail to provide substantial protection to the fundamental right to informational privacy.

This judgement establishes a set of principles that define the conditions under which de-indexing and masking requests may be granted. It also outlines specific categories, such as cases involving offences against women or children or breaches of public trust, where such relief may not be available, emphasising the ongoing necessity of public interest.

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