The Right To Be Forgotten-Charting The Uncharted Waters
2 years, 6 months ago

The Right To Be Forgotten-Charting The Uncharted Waters

Live Law  

The right to be forgotten, also known as the 'right to be left alone' or the 'right to erasure', is in news these days owing to its increasing recognition by the Indian courts of law. The right which had its conceptual origin in the European Union, found one of its first references in the landmark Google Spain case, where the European Court of Justice directed Google the search engine juggernaut, to remove the links to private information on application by the European citizens provided the information is no longer relevant. v. Union of India, the petitioner approached the Karnataka High Court to temporarily block any form of information available on online platforms like Google, Facebook, or Indian Kanoon in relation to a criminal case where the petitioner was already acquitted. In fact, the Hon'ble Orissa High Court in Subranshu Rout v. The State of Orissa while underlining the importance of the right to be forgotten, held unambiguously that objectionable photos and videos of rape victims have to be removed from the social media platforms as it would involve clear violation of the right to privacy. Interestingly while earlier the names of women petitioners were removed from the text of judgements by citing the causes of modesty and reputation of women as in the case of Vasunathan v. The Registrar General, High Court of Karnataka, now such directions are given on the ground of the right to erasure of undesirable information about the petitioner.

History of this topic

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