In A First An Indian Court Upholds The ‘Right To Be Forgotten’ [Read Order]
8 years, 1 month ago

In A First An Indian Court Upholds The ‘Right To Be Forgotten’ [Read Order]

Live Law  

In the Internet age access to information is quick and procuring personal information or antecedents of an individual is much easier. Acknowledging this fact and the sensitive nature of case in hand, the Karnataka High Court in a landmark judgment recently has accepted, applied and approved the ‘Right to be Forgotten’ in Indian context.The “right to be forgotten” or “the right to. Acknowledging this fact and the sensitive nature of case in hand, the Karnataka High Court in a landmark judgment recently has accepted, applied and approved the ‘Right to be Forgotten’ in Indian context. The High Court conclusively observed, “This is in line with the trend in Western countries of '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 woman’s father had approached the court seeking directions to mask the woman’s name in an earlier order passed by the High Court. After hearing the plea, the High Court ordered, “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.” The court, however, made it clear that as far as a certified copy of the order is applied for, the name of the petitioner’s daughter would certainly be reflected in the copy of the order.

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History of this topic

SC rejects petition seeking to withhold order on its website
1 week ago

SC rejects petition seeking to withhold order on its website

Hindustan Times  

The Supreme Court on Thursday rejected a plea seeking to withhold an order from its website to protect the privacy of a warring couple, underscoring that all verdicts are routinely posted on the court’s website as standard practice and exceptions cannot be made arbitrarily. SC rejects petition seeking to withhold order on its website A bench comprising justices Vikram Nath, …

Why Punjab and Haryana HC wanted a corporate executive's name as 'ABCD' in official records
1 week, 3 days ago

Why Punjab and Haryana HC wanted a corporate executive's name as 'ABCD' in official records

India Today  

Justice, it is often said, must not only be done but The Punjab and Haryana High Court’s recent order directing the removal of an exonerated petitioner’s name from judicial records and digital platforms is an urgent, if overdue, affirmation of the right to be forgotten. The European Union’s General Data Protection Regulation offers a robust legal framework for the right …

Clearing The Slate: Right To Be Forgotten After Acquittal In Digital Age
1 month ago

Clearing The Slate: Right To Be Forgotten After Acquittal In Digital Age

Live Law  

In an era dominated by digital platforms and the ubiquitous presence of the internet, the concept of the 'right to be forgotten' has emerged as a critical legal and ethical debate. Origin & Evolution of the Right to be Forgotten: While this notion of the 'right to be forgotten' has its roots in the French jurisprudence, it gained significant traction …

Karnataka High Court refuses to give copies of digital evidence affecting privacy of victim woman and others to Prajwal Revanna in rape case
2 months, 1 week ago

Karnataka High Court refuses to give copies of digital evidence affecting privacy of victim woman and others to Prajwal Revanna in rape case

The Hindu  

Observing orally that “the law cannot be bent” for former MP Prajwal Revanna, the High Court of Karnataka on Thursday declined his plea seeking a cloned copy of the entire digital data that are part of the Forensic Sciences Laboratory report in one of the four rape cases in which a chargesheet has been filed against him. Citing the apex …

No Public Interest In Keeping Information Alive On Internet After Quashing Of FIR: Delhi High Court On Right To Be Forgotten
4 months ago

No Public Interest In Keeping Information Alive On Internet After Quashing Of FIR: Delhi High Court On Right To Be Forgotten

Live Law  

Observing that it is important to balance the right to information of public with an individual's right to privacy, the Delhi High Court has said that no public interest can be served by keeping the information alive on the internet after quashing of criminal proceedings.“There is no reason why an individual who has been duly cleared of any guilt by …

Legally Speaking | Understanding the courts’ balancing act between the right to be forgotten and public access to info
8 months ago

Legally Speaking | Understanding the courts’ balancing act between the right to be forgotten and public access to info

Hindustan Times  

On July 24, 2024, the Supreme Court was faced with an interesting question: Does a person have the right to be forgotten? The HC adopted the principle of fresh start as envisaged under the Juvenile Justice Act while recognising the petitioner’s right to forget and noted, “A careful balance has to be achieved between the concept of Open Court and …

SC warns of ‘serious ramifications’ in removing judgements under ‘right to be forgotten’
8 months ago

SC warns of ‘serious ramifications’ in removing judgements under ‘right to be forgotten’

Hindustan Times  

The Supreme Court on Wednesday noted that removing judgments from the public domain by court orders after an accused's acquittal in criminal cases under the right to be forgotten will have “very serious ramifications". According to PTI, in its plea filed through lawyer Abiha Zaidi, the website argued that the high court's decision “adversely impacts the freedom of speech and …

Supreme Court To Settle Law On 'Right To Be Forgotten'; Stays HC Direction To 'IndianKanoon' To Pull Down Judgment
8 months ago

Supreme Court To Settle Law On 'Right To Be Forgotten'; Stays HC Direction To 'IndianKanoon' To Pull Down Judgment

Live Law  

The Supreme Court is set to examine whether the right to be forgotten can be enforced against the judgments by Courts which reveal the identity of the acquitted person.The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing a challenge by Indian Kanoon, against the Madras High Court order dated March 3 which directed the …

Accused Who Has Been Acquitted/Discharged Has Right To Live With Dignity: Karnataka HC Directs For Party's Name To Be Masked In Court's Digital Records
1 year ago

Accused Who Has Been Acquitted/Discharged Has Right To Live With Dignity: Karnataka HC Directs For Party's Name To Be Masked In Court's Digital Records

Live Law  

The Karnataka High Court while directing the registry to mask the name of an accused in the cause title of the case found in the records of the court has observed that “even an accused who has been discharged or acquitted honourably by a competent Court of law has a right to live with dignity.” A single judge bench of …

‘Internet Never Forgets’: Delhi High Court Issues Directions To Authorities To Prevent Dissemination Of ‘Non-Consensual Intimate Images’
1 year, 11 months ago

‘Internet Never Forgets’: Delhi High Court Issues Directions To Authorities To Prevent Dissemination Of ‘Non-Consensual Intimate Images’

Live Law  

The Delhi High Court on Wednesday issued a slew of directions to the Union Government, Delhi Police and social media intermediaries to deal with cases concerning dissemination of content relating to “non-consensual intimate images” on the internet and to ensure that they are dealt in a manner that minimizes the victim’s trauma and resolves the problem expeditiously. Directions of the …

‘Internet Never Forgets’: Delhi High Court Issues Directions To Authorities To Prevent Dissemination Of ‘Non-Consensual Intimate Images’
1 year, 11 months ago

‘Internet Never Forgets’: Delhi High Court Issues Directions To Authorities To Prevent Dissemination Of ‘Non-Consensual Intimate Images’

Live Law  

The Delhi High Court on Wednesday issued a slew of directions to the Union Government, Delhi Police and social media intermediaries to deal with cases concerning dissemination of content relating to “non-consensual intimate images” on the internet and to ensure that they are dealt in a manner that minimizes the victim’s trauma and resolves the problem expeditiously. Directions of the …

Right To Be Forgotten | Kerala High Court Refuses To Expunge Remarks Suggesting Google To Use AI Tools To Remove Identifiers From Judgments Online
1 year, 11 months ago

Right To Be Forgotten | Kerala High Court Refuses To Expunge Remarks Suggesting Google To Use AI Tools To Remove Identifiers From Judgments Online

Live Law  

The Kerala High Court recently refused to expunge remarks from its Right to be Forgotten judgment, whereby it was opined that Google is not 'content blind' and it cannot shirk liability to remove judgments and content disclosing personal details of parties.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen dismissed the petition filed by the search. …

Right to Be Forgotten: Delhi HC to Hear on March 15 Doctor's Plea to Remove News And Journal Articles against Him
2 years, 1 month ago

Right to Be Forgotten: Delhi HC to Hear on March 15 Doctor's Plea to Remove News And Journal Articles against Him

News 18  

A petition for “right to be forgotten” has been filed before the Delhi High Court by Dr Ishwar Gilada seeking the removal of news and journal articles published on various online platforms pertaining to his wrongful arrest after a first information report against him in 1999. The petitioner, Dr Ishwar Gilada, is said to be the first person to raise …

Right To Be Forgotten | Kerala High Court Says Legislature Alone Competent To Enumerate Grounds But Till Then Courts Can Decide On Case-To-Case Basis
2 years, 3 months ago

Right To Be Forgotten | Kerala High Court Says Legislature Alone Competent To Enumerate Grounds But Till Then Courts Can Decide On Case-To-Case Basis

Live Law  

Observing that legislature alone is competent to enumerate grounds for claiming right to be forgotten and carve out exceptions to the claims of such a right, the Kerala High Court on Thursday said in the absence of legislation, the court may have to recognise the right and direct removal of such content available online on a case-to-case basis.The division bench …

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 …

‘Puttaswamy’ and the fading promise of a right
2 years, 7 months ago

‘Puttaswamy’ and the fading promise of a right

The Hindu  

August 24 has passed, marking five years since a nine-judge Bench of the Supreme Court of India delivered a crucial judgment in the case of Justice K.S. The judgment delivered on that date formally recognised the right to privacy as being a fundamental right stemming from the right to life and personal liberty, guaranteed under Article 21 of the Indian …

Expanding the right to privacy
2 years, 8 months ago

Expanding the right to privacy

Hindustan Times  

India’s Supreme Court this week gave its first order enforcing an Indian citizen’s right to be forgotten when it directed the court registry to begin the process on how the details of a married couple, locked in litigation, can be removed from online search engines. The concept first reached global prominence when the European Court of Justice ruled in connection …

'Right To Be Forgotten' : Supreme Court Directs Registry To Examine A Litigant's Request To Erase Names/ Address From Order
2 years, 8 months ago

'Right To Be Forgotten' : Supreme Court Directs Registry To Examine A Litigant's Request To Erase Names/ Address From Order

Live Law  

The Supreme Court, in an order passed recently, called upon its Registry to examine the plea of a litigant based on 'right to be forgotten' and 'right of eraser'. "We thus, call upon the Registry of the Supreme Court to examine the issue and to work out how the name of both the petitioner and respondent No.1 along with address …

Right To Be Forgotten | Man Facing Difficulties In Getting Job Due To An Order By Which He Was Acquitted: Bombay HC Orders Its Removal From Court Website
2 years, 11 months ago

Right To Be Forgotten | Man Facing Difficulties In Getting Job Due To An Order By Which He Was Acquitted: Bombay HC Orders Its Removal From Court Website

Live Law  

The Bombay High Court recently ordered the removal of an acquittal order from the Court's website on a plea moved by a person/accused who was facing difficulties in getting job due to the acquittal order passed in his favor.Essentially, he had moved to the Court arguing that even though the order was one of acquittal, still it was descriptive, and …

Right To Be Forgotten : Kerala High Court Formulating Information Management Policy To Mask Personal Information In Judgments
3 years ago

Right To Be Forgotten : Kerala High Court Formulating Information Management Policy To Mask Personal Information In Judgments

Live Law  

The Kerala High Court on Thursday declared that it was in the process of drafting an Information Management Policy which could possibly address the issue of masking of the parties' names in its orders and judgments. A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas announced so while adjudicating upon a batch of seven petitions seeking the …

Right To Be Forgotten: Delhi High Court Asks Indian Kanoon To Consider Blocking Judgment Concerning Matrimonial Dispute
3 years, 1 month ago

Right To Be Forgotten: Delhi High Court Asks Indian Kanoon To Consider Blocking Judgment Concerning Matrimonial Dispute

Live Law  

The Delhi High Court on Friday asked Indian Kanoon to consider blocking access of a trial court judgment concerning a matrimonial dispute in a plea invoking the right to be forgotten. Recently, Centre had informed the Court that the fundamental right of Right to Privacy also includes the Right to be Forgotten and that the Personal Data Protection Bill 2019 …

Right To Privacy Includes Right To Be Forgotten, Personal Data Protection Bill Contains Provision For It: Centre Tells Delhi High Court
3 years, 3 months ago

Right To Privacy Includes Right To Be Forgotten, Personal Data Protection Bill Contains Provision For It: Centre Tells Delhi High Court

Live Law  

The Centre has informed the Delhi High Court that the fundamental right of Right to Privacy also includes the Right to be Forgotten and that the Personal Data Protection Bill 2019 contains provisions related to the doctrine. The development came after the Ministry of Electronics and Information Technology filed a short affidavit in a plea filed by two businessmen acquitted …

Privacy must be upheld as a fundamental right
3 years, 3 months ago

Privacy must be upheld as a fundamental right

Live Mint  

In a world beset with rapidly-evolving technology, the deliberative process of law making has no chance of keeping pace. In 2017, the Supreme Court effectively declared the Right to Privacy a fundamental right, as it’s “intrinsic” to our guarantee of “life and personal liberty” under the Constitution’s Article 21 and other basic freedoms. To encode this self-evident truth by way …

Right To Be Forgotten: Delhi High Court Issues Notice On Plea By Indian, A Recently Released UK Ex-Convict, Seeking Removal Of Articles
3 years, 4 months ago

Right To Be Forgotten: Delhi High Court Issues Notice On Plea By Indian, A Recently Released UK Ex-Convict, Seeking Removal Of Articles

Live Law  

The Delhi High Court has issued notice on a plea filed by a man namely Mohammed Umar Ashrafi, who was convicted by UK's Leicester Crown Court in 2015 and was released and deported to India after completing his sentence, seeking removal of news articles from the internet, pertaining to his conviction.Ashrafi has invoked his "right to be forgotten".Justice Rekha Palli …

The Horizons Of Privacy And The Right To Be Forgotten
3 years, 5 months ago

The Horizons Of Privacy And The Right To Be Forgotten

Live Law  

The Constitution is not a charter of servitude', argued Senior Advocate Shyam Divan in the stone-setting Aadhar case. In common parlance, the right to be forgotten provides a data principal with the right against the disclosure of an individual's data when the processing of such personal data has become unlawful or futile. The Indian Personal Data Protection Bill 2019 provides …

'Entitled To Right To Be Forgotten & Protection From Invasion Of Privacy': Delhi High Court Grants Interim Relief To Bengali Actress
3 years, 7 months ago

'Entitled To Right To Be Forgotten & Protection From Invasion Of Privacy': Delhi High Court Grants Interim Relief To Bengali Actress

Live Law  

Citing the right to be forgotten and entitlement to protection of privacy from invasion by strangers, the Delhi High Court has granted interim relief to a Bengali actress, seeking restraint on publication and streaming of her naked videos on various online platforms including YouTube.Justice Asha Menon, as an interim measure, directed the defendants to remove or pull down the. Citing …

Right To Be Forgotten: Delhi High Court Issues Notice On Plea By Acquitted Businessmen Seeking Removal Of Judgment, News Articles From Internet
3 years, 7 months ago

Right To Be Forgotten: Delhi High Court Issues Notice On Plea By Acquitted Businessmen Seeking Removal Of Judgment, News Articles From Internet

Live Law  

The Delhi High Court has issued notice on a plea filed by two businessmen acquitted in a forgery case, invoking their right to be forgotten and seeking removal of the concerned judgment and news articles from internet.The petitioners were aggrieved by the continued availability of online articles regarding their past arrest and trial despite their having been acquitted from the …

[Breaking] Right To Be Forgotten- Courts Can't Direct Redaction Of Names Of Acquitted Persons From Records In Absence Of Statutory Backing: Madras HC
3 years, 7 months ago

[Breaking] Right To Be Forgotten- Courts Can't Direct Redaction Of Names Of Acquitted Persons From Records In Absence Of Statutory Backing: Madras HC

Live Law  

The Madras High Court has refused to redact the name of a person from court records, who was acquitted of all criminal charges levelled against him, while stating that there is now law in India that contemplates such a request. Justice N. Anand Venkatesh, while refusing to grant relief to the Petitioner who had sought enforcement of his right to …

Roadies Winner Ashutosh Moves HC, Seeks Removal of Online Pics & Videos
3 years, 8 months ago

Roadies Winner Ashutosh Moves HC, Seeks Removal of Online Pics & Videos

The Quint  

As per the PTI report, the court asked concerned authorities to reply within four weeks and listed the matter for further hearing in December. In his plea, Ashutosh sought direction to the Centre to safeguard his reputation by removing his photos, videos and other articles from online platforms, which are being facilitated by Google, as they are harming his personal …

What is 'right to be forgotten' that ex-MTV Roadie Ashutosh Kaushik has sought from court?
3 years, 8 months ago

What is 'right to be forgotten' that ex-MTV Roadie Ashutosh Kaushik has sought from court?

Hindustan Times  

Television personality Ashutosh Kaushik who shot to fame in 2007 after winning MTV Roadies and then Bigg Boss in the next year has recently approached the Delhi high court seeking his 'right to be forgotten. Read: Reality show winner invokes ‘right to be forgotten’, moves HC There is no such provision in Indian laws but Section 20 of the Personal …

Reality show winner invokes ‘right to be forgotten’, moves HC
3 years, 8 months ago

Reality show winner invokes ‘right to be forgotten’, moves HC

Hindustan Times  

The Delhi high court on Thursday sought the Centre and Google’s response on a plea by a reality show winner Ashutosh Kaushik, who claimed he had a right to be forgotten and sought removal of some of the videos, photos and articles related to his drunk driving in 2009 from various online platforms. Reality show winner Ashutosh Kaushik has filed …

Right To Be Forgotten: Roadies Winner Ashutosh Kaushik Moves Delhi High Court Seeking Removal Of Articles On His Past Altercations From Internet
3 years, 8 months ago

Right To Be Forgotten: Roadies Winner Ashutosh Kaushik Moves Delhi High Court Seeking Removal Of Articles On His Past Altercations From Internet

Live Law  

Ashutosh Kaushik, winner of Roadies 5.0 and Bigg Boss, has approached the Delhi High Court seeking directions to remove all the posts, videos, articles, etc. On the other hand, Advocate Amit George, who led arguments for the Petitioner, heavily relied on a recent decision of Justice Pratibha Singh of the Delhi High Court, granting interim protection to an American Citizen …

The fine line that separates judicial transparency and the right to be forgotten
3 years, 9 months ago

The fine line that separates judicial transparency and the right to be forgotten

Hindustan Times  

The Delhi high court recently granted relief to a petitioner seeking to exercise his “right to be forgotten”. Justice Prathiba M Singh, while passing the order, recognised that the case raised an important question of whether a court order can be removed from online platforms to protect an individual’s right to privacy and the need to balance it with the …

Right To Be Forgotten- Delhi High Court Directs Google, Indian Kanoon To Remove/Block Judgment Of American Citizen Acquitted In NDPS Case
3 years, 10 months ago

Right To Be Forgotten- Delhi High Court Directs Google, Indian Kanoon To Remove/Block Judgment Of American Citizen Acquitted In NDPS Case

Live Law  

In a case involving the question of Right to Privacy of a person and Right to Information of public and maintenance of transparency in judicial records, the Delhi High Court recently granted interim protection to an American Citizen of Indian origin by directing Indian Kanoon to block the judgement of his acquittal under NDPS Act from being accessed by using …

Can Parties In Cases Of Personal Nature Seek Masking Of Thier Identities In Records To Protect Privacy? Kerala High Court Refers To Division Bench
3 years, 10 months ago

Can Parties In Cases Of Personal Nature Seek Masking Of Thier Identities In Records To Protect Privacy? Kerala High Court Refers To Division Bench

Live Law  

Recently, a Single Bench of the Kerala High Court referred to larger bench the question whether parties in a proceeding that did not involve public interest could seek the masking of their names. In this light, he framed this question for the consideration of a Division Bench - "Therefore, the question that has to be considered in this writ petition …

Publication Of Court Order No Violation Of Right To Privacy : Indian Kanoon Opposes Plea In Kerala HC To Remove Personal Details From Reported Judgment
4 years, 2 months ago

Publication Of Court Order No Violation Of Right To Privacy : Indian Kanoon Opposes Plea In Kerala HC To Remove Personal Details From Reported Judgment

Live Law  

"Law allows the publication of matters which are "public records", including court records and orders of courts/tribunals," said legal search engine Indian Kanoon in a counter-affidavit filed before the Kerala High Court in response to a writ petition seeking removal of the name/ personal details of the Petitioner. Right To Be Forgotten: Kerala HC Admits Plea For Removal Of Personal …

Allowing Videos/Photos Of Rape Victims To Remain On Social Media Is Violative Of Their Fundamental Right To Privacy: Orissa HC Moots Statutory Recognition Of 'Right To Be Forgotten'
4 years, 4 months ago

Allowing Videos/Photos Of Rape Victims To Remain On Social Media Is Violative Of Their Fundamental Right To Privacy: Orissa HC Moots Statutory Recognition Of 'Right To Be Forgotten'

Live Law  

Emphasizing the need for statutory recognition of 'right to be forgotten', the Orissa High Court observed that allowing objectionable photos and videos of rape victims to remain on a social media platform is a violation of their right to privacy. Presently, there is no statute in India which provides for the right to be forgotten/getting the photos erased from the …

Right To Be Forgotten: Kerala HC Admits Plea For Removal Of Personal Details In Reported Court Orders From Search Engines
4 years, 5 months ago

Right To Be Forgotten: Kerala HC Admits Plea For Removal Of Personal Details In Reported Court Orders From Search Engines

Live Law  

The Kerala High Court has admitted a writ petition filed against search engines, Indian Kanoon and Google India, seeking removal of the name/ personal details of the Petitioner, who was once an accused in a criminal case. The Petitioner is primarily aggrieved by the fact that despite his exoneration from the criminal proceedings, the website Indian Kanoon continues to publish …

"Today Google Knows More About You Than Your Spouse-" Justice V Ramasubramanian On 'Right To Privacy: New Age Challenges'
5 years, 2 months ago

"Today Google Knows More About You Than Your Spouse-" Justice V Ramasubramanian On 'Right To Privacy: New Age Challenges'

Live Law  

It is indeed a privilege to be invited deliver a Memorial Lecture instituted in the name of Justice V.R. Sharma vs. Satish Chandra, where the Supreme Court held that there is no justification to import the right to privacy into our Constitution by a process of strained construction, analogous to American Fourth Amendment. The Supreme Court affirmed in this case …

Google is not bound to apply its 'right to be forgotten' law outside Europe
5 years, 6 months ago

Google is not bound to apply its 'right to be forgotten' law outside Europe

Firstpost  

Google has to remove links to sensitive personal data from its internet search results in Europe. Google will not have to apply Europe’s “right to be forgotten” law globally, the continent’s top court ruled on Tuesday in a landmark case that has pitted personal privacy rights against freedom of speech. “The court is right to state that the balance between …

Fundamental Right To Privacy Not Absolute And Must Bow Down To Compelling Public Interest: SC [Read Judgment]
5 years, 7 months ago

Fundamental Right To Privacy Not Absolute And Must Bow Down To Compelling Public Interest: SC [Read Judgment]

Live Law  

The fundamental right to privacy cannot be construed as absolute and but must bow down to compelling public interest, remarked the Supreme Court in its judgment holding that a Judicial Magistrate can order a person to give a sample of his voice for the purpose of investigation of a crime.The three judge bench comprising the Chief Justice of India Ranjan …

The nightmare of mopping up your online reputation and the 'right to be forgotten'
6 years, 8 months ago

The nightmare of mopping up your online reputation and the 'right to be forgotten'

ABC  

The internet never forgets, and it is a lesson South African comedian and host of The Daily Show, Trevor Noah, is learning this week after a clip of him performing a racist joke about Aboriginal women resurfaced, five years after he said it. Speaking to the ABC's daily news podcast The Signal, Mr McAlpine said removing content — especially when …

The Year That Was, in the Supreme Court of India
7 years, 2 months ago

The Year That Was, in the Supreme Court of India

The Quint  

The case arose out of a challenge to the Aadhaar scheme. MP Sharma v. Satish Chandra and Kharak Singh v. State, judgments of the Supreme Court rendered several decades ago, contained some observations that the right to privacy was not recognised under the Constitution. The Supreme Court in 2017 evaluated these and other judgments at length and held that there …

Eugene Wambaugh’s Inversion Test And Its Applicability To The ‘Right To Privacy’ Judgement of the Supreme Court of India
7 years, 5 months ago

Eugene Wambaugh’s Inversion Test And Its Applicability To The ‘Right To Privacy’ Judgement of the Supreme Court of India

Live Law  

The Judgement of the Supreme Court of India in the case of KS Puttaswamy & Ors vs Union of India has rightly been heralded as a Constitutional Landmark in the ever-evolving horizon of Fundamental Rights Jurisprudence.Tracing the position of Law, right from the timeless opinion of William Pitt, The Elder, in Semaynes Case, to the expositions of Brandeis. A judgement …

Eugene Wambaugh’s Inversion Test And Its Applicability To The ‘Right To Privacy’ Judgement of the Supreme Court of India
7 years, 5 months ago

Eugene Wambaugh’s Inversion Test And Its Applicability To The ‘Right To Privacy’ Judgement of the Supreme Court of India

Live Law  

The Judgement of the Supreme Court of India in the case of KS Puttaswamy & Ors vs Union of India has rightly been heralded as a Constitutional Landmark in the ever-evolving horizon of Fundamental Rights Jurisprudence.Tracing the position of Law, right from the timeless opinion of William Pitt, The Elder, in Semaynes Case, to the expositions of Brandeis. A judgement …

The Supreme Court’s Right to Privacy Judgment – IV: Privacy, Informational Self-Determination, And The Idea of Consent
7 years, 6 months ago

The Supreme Court’s Right to Privacy Judgment – IV: Privacy, Informational Self-Determination, And The Idea of Consent

Live Law  

In our discussion of the Supreme Court’s judgment in Puttaswamy, so far, one common thread is emerging: the individual is at the heart of the Court’s understanding of the right to privacy. It is but essential that the individual knows as to what the data is being used for with the ability to correct and amend it.” And in the …

Right to Privacy Judgment – II: Privacy, The Individual, And The Public/Private Divide
7 years, 6 months ago

Right to Privacy Judgment – II: Privacy, The Individual, And The Public/Private Divide

Live Law  

Privacy presupposes the existence of a private realm. In the early judgments of the United States Supreme Court, privacy was understood as a spatial concept, summed up in the old aphorism, “a man’s house is his castle.” Gradually, that concept evolved to. In the early judgments of the United States Supreme Court, privacy was understood as a spatial concept, summed …

The Supreme Court’s Right to Privacy Judgment – I: Foundations By Gautam Bhatia
7 years, 6 months ago

The Supreme Court’s Right to Privacy Judgment – I: Foundations By Gautam Bhatia

Live Law  

On the 24th of August, a nine-judge bench of the Supreme Court delivered its verdict in Justice K.S. Sharma is unconvincing not only because it arrived at its conclusion without enquiry into whether a privacy right could exist in our Constitution on an independent footing or not, but because it wrongly took the United States Fourth Amendment – which in …

Privacy Judgment: A Salvo In The Fight Against Discrimination Against The LGBTQ Community in India
7 years, 7 months ago

Privacy Judgment: A Salvo In The Fight Against Discrimination Against The LGBTQ Community in India

Live Law  

The hype over the latest decision on the Right to Privacy in India, delivered in Writ Petition No. The following telling observation of the Hon'ble Supreme Court, in its judgment in the case of Suresh Kumar Koushal v. NAZ Foundation, showed one of the points in respect of which their Lordships of the Hon'ble Supreme Court found fault with the …

Right to privacy is fundamental right: 'Reasonable restrictions' remain as Supreme Court delivers historic judgment
7 years, 7 months ago

Right to privacy is fundamental right: 'Reasonable restrictions' remain as Supreme Court delivers historic judgment

Firstpost  

In a landmark decision that will affect the lives of all Indians, the Supreme Court on Thursday unanimously declared that right to privacy was a fundamental right under the Constitution. According to LiveLaw, “Right To Privacy is a fundamental right and privacy is protected under Article 21 and Part 3 of Constitution”. Reddy concluded by saying that this largely means …

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