Kerala HC Allows 'Right to Be Forgotten' in Sensitive Cases
- ByAdmin --
- 30 Jun 2025 --
- 0 Comments
The Kerala High Court’s recent landmark judgment has added a significant layer to the discourse on digital privacy and individual autonomy in India. By allowing the 'Right to Be Forgotten' in sensitive cases, the court has drawn attention to the delicate balance between public interest and personal dignity.
Understanding the 'Right to Be Forgotten'
The 'Right to Be Forgotten' (RTBF) is a concept that enables individuals to request the removal of their personal information from the internet under certain circumstances. Originating from the European Union’s General Data Protection Regulation (GDPR), this right ensures that individuals can escape the perpetual digital shadow cast by outdated or sensitive information.
In India, while RTBF is not explicitly enshrined in law, courts have been proactive in recognizing its relevance, especially in the context of fundamental rights under the Constitution.
The Kerala HC Judgment: A Case Study
In a recent ruling, the Kerala High Court allowed an individual to invoke RTBF to erase personal information linked to a criminal case. The petitioner, who was acquitted, sought the removal of court records accessible online, arguing that their continued availability adversely affected their personal and professional life.
The court observed that the publication of such data infringed upon the petitioner’s Right to Privacy, a fundamental right upheld by the Supreme Court in the Justice K.S. Puttaswamy v. Union of India (2017) judgment. Balancing this with the Right to Information (RTI) and public interest, the court concluded that in cases involving sensitive personal data or acquittals, the RTBF could be justifiably applied.
Legal Basis and Implications
- Constitutional Framework:
The judgment reinforces Article 21 of the Indian Constitution, which guarantees the Right to Life and Personal Liberty, encompassing the Right to Privacy.
- IT Act, 2000:
Although the Information Technology Act, 2000, lacks explicit provisions for RTBF, Section 69A empowers authorities to block public access to online information under specific conditions.
- Pending Legislation:
The proposed Digital Personal Data Protection Bill, 2023, includes provisions akin to RTBF. This judgment aligns with its anticipated framework, showcasing judicial foresight.
Balancing Competing Rights
The court meticulously addressed the tension between:
- Right to Privacy: Protecting individuals from the repercussions of unwanted digital footprints.
- Right to Information: Ensuring transparency and accountability in public matters.
By tailoring the application of RTBF to sensitive cases, the court set a precedent that respects both these rights without disproportionately favoring one over the other.
Broader Implications
- Digital Hygiene:
This judgment emphasizes the need for careful management of personal data online, urging intermediaries to implement robust mechanisms for data removal.
- Judicial Precedent:
The ruling could influence other high courts and the Supreme Court to adopt a more nuanced approach to privacy and information rights.
- Policy Evolution:
It could accelerate legislative efforts to codify RTBF in India, ensuring uniformity across jurisdictions.
Conclusion
The Kerala High Court’s recognition of RTBF in sensitive cases is a significant stride toward safeguarding digital privacy in India. While the judgment does not equate to a blanket application of RTBF, it underscores the judiciary’s evolving stance on balancing individual dignity with public interest. As digital footprints become harder to erase, such legal interventions are not only timely but also essential in ensuring that privacy remains a cornerstone of our rights.
RELATED Blog
0 comments