Right to be Forgotten accepted: KarHC

Karnataka High Court recently delivered a landmark judgment and for the first time in Indian jurisprudence accepted and applied the ‘Right to be Forgotten’ in Indian context. The “right to be forgotten” or “the right to be erased” allows a person to demand for removal of his/her personal information or data online.

In the current age of Internet, access to information is quick and procuring personal information or past history of an individual has become much easier and the same since cannot be removed easily can haunt people for the rest of their lives.

The Court directed its registry to make sure that an internet search made in the public domain would not reveal the individual’s name in a previous criminal order passed by the same High Court.

The Court observed, “This is in line with the trend in western countries of the ‘right to be forgotten’ in sensitive cases involving women in general and highly sensitive cases involving rape or affecting the modesty and reputation of the person concerned.”

The Court said, “It should be the endeavour of the registry to ensure that any internet search made in the public domain ought not to reflect the petitioner’s daughter’s name in the cause-title of the order or in the body of the order in the criminal petition.”

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