Background and Context

The Right to Be Forgotten (RTBF) has emerged as a significant privacy concept globally. It was first recognised by the Court of Justice of the European Union (CJEU) in the landmark 2014 Google Spain case, which held that search engines must remove information that is no longer relevant or excessive upon request.

Constitutional Basis

  • Article 21 of the Constitution (Right to Life and Personal Liberty) forms the constitutional foundation
  • RTBF has been recognised as an intrinsic component of the Right to Privacy
  • The right empowers citizens to seek removal of personal data from public digital domain when its continuous availability no longer serves legitimate public interest
  • Constitutional courts have the power to recognise and enforce this right even without explicit statutory framework

Key Judicial Directions

  • Digital intermediaries (search engines like Google, legal databases) must:
  • Mask personal identifiers
  • Disable "name-based search functionality" for specified cases
  • These de-indexing directions will operate globally

Balancing Open Justice vs. Individual Dignity

  • The principle of open justice demands court proceedings remain accessible for transparency
  • However, it does not mandate that a private citizen's name must act as a permanent, searchable key via commercial search engines
  • Open justice ensures transparency, not the perpetual amplification of an individual's personal or legal struggles

Scope of Digital Restoration

Individuals who are acquitted, discharged, quashed, or settled have the right to:

  • Have outcomes accurately reflected online
  • Personal identifiers may be masked in publicly accessible judgments
  • Legal reasoning, findings, and conclusions must remain intact
  • Unredacted records preserved for legitimate legal purposes

Exemptions

The RTBF is not absolute. Relief may be denied in serious cases:

  • Convictions for offences against women or children
  • Offences involving breach of public trust by:
  • Public servants
  • Elected representatives
  • Persons in fiduciary positions

Significance for India

  • Establishes India as a jurisdiction recognising digital privacy rights
  • Creates precedent for future cases without specific legislation
  • Balances individual dignity with public interest
  • Has implications for digital governance and data protection framework