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SC to examine acquitted man’s ‘right to be forgotten’: What is the right, and how have courts ruled earlier?

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  4. SC to examine acquitted man’s ‘right to be forgotten’: What is the right, and how have courts ruled earlier?

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SC to examine acquitted man’s ‘right to be forgotten’: What is the right, and how have courts ruled earlier?

India does not have a statutory framework that prescribes the right to be forgotten. The SC has now agreed to hear a case that will likely shape the contours of this right

By: Express News ServiceNew Delhi | Updated: July 29, 2024 07:30 IST

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European information privacy regulation, Supreme Court, right to be forgotten, right to erasure, fundamental rights, fundamental rights guaranteed by the Constitution, constitution of India, CJI D Y Chandrachud, Madras High Court, explained, explained law, indian express newsA restaurant in Pescara, Italy, where a man stabbed his brother in 2008. In 2019, the ‘right to be forgotten’ privacy law was used to force a former editor of an Italian news website to delete a story about the incident. (Image source: Reuters)

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Last week, the Supreme Court agreed to hear a case whose outcome will likely shape the contours of the “right to be forgotten”, known in European information privacy regulation as the “right to erasure”, in India. The top court now has to decide whether the right to be forgotten is a fundamental right and, if so, how it relates to other fundamental rights guaranteed by the Constitution of India.

A three-judge Bench headed by Chief Justice of India (CJI) D Y Chandrachud will hear a challenge against a Madras High Court ruling that on February 27 directed legal search portal Indian Kanoon to take down a judgment in a 2014 rape and cheating case. The acquitted man had moved the Madras HC in 2021, saying that he had been denied the citizenship of Australia because his name appears in the judgment that is publicly available on the legal portal.

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