Why Punjab and Haryana HC wanted a corporate executive's name as 'ABCD' in official records
3 days, 1 hour 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 to be forgotten, allowing individuals to request the erasure of personal data that is no longer necessary for its original purpose. While citizens must have the freedom to move beyond past mistakes or false accusations, a blanket application of this right could risk eroding the transparency essential for legal accountability. India stands at a crossroads where it must decide whether the right to be forgotten will be a principle enforced only at judicial discretion or a legal reality available to all who seek to reclaim their digital identities.

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History of this topic

'Remnants Should Not Haunt', Punjab & Haryana HC Directs Registry To Remove Man's Name From Records As FIR Against Him Was Quashed
2 weeks, 1 day ago

'Remnants Should Not Haunt', Punjab & Haryana HC Directs Registry To Remove Man's Name From Records As FIR Against Him Was Quashed

Live Law  

"When a person has been exonerated by the Court of his guilt, the remnants of such charge should not be allowed to haunt any such person", said the Punjab & Haryana High Court while directing its Registry to redact the name of a man who was accused in a FIR, which was later quashed.The petitioner stated that he is a …

Clearing The Slate: Right To Be Forgotten After Acquittal In Digital Age
3 weeks, 3 days 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 …

Right To Be Forgotten: Punjab & Haryana HC To Decide If Accused Has 'Preferential Right' Over Society's Right To Know Involvement In Crime
3 months ago

Right To Be Forgotten: Punjab & Haryana HC To Decide If Accused Has 'Preferential Right' Over Society's Right To Know Involvement In Crime

Live Law  

The Punjab & Haryana High Court will be deciding the legal question whether an accused or suspect has a preferential right to be forgotten over the right of the society to know about the involvement of any person in a criminal case. Justice Vinod S. Bhardwaj said, ".the legal issue that arises for consideration before this Court as to whether …

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence
1 year, 4 months ago

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence

Live Law  

The Punjab & Haryana High Court recently dismissed a plea to preserve the call records of a police officer who arrested the petitioner in the NDPS Act observing that for the possibility of creating evidence in favour of the accused, it cannot go to the extent of breaching privacy of a police officer.Justice Rajbir Sehrawat added that just to give …

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 …

'Redact Names In Pleadings, File Affidavits In Sealed Covers' : Calcutta HC Issues Directions To Ensure Anonymity Of Victims Of Sexual Offences In Court Records
2 years, 11 months ago

'Redact Names In Pleadings, File Affidavits In Sealed Covers' : Calcutta HC Issues Directions To Ensure Anonymity Of Victims Of Sexual Offences In Court Records

Live Law  

The Calcutta High Court on Monday issued practice directions in order to ensure that the identity of victims of sexual offences including minor victims under the POCSO Act are not disclosed in the pleadings and other records of the Court.The directions were issued while adjudicating upon an appeal filed challenging an order of conviction under Section 6 of the POCSO …

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 …

The fine line that separates judicial transparency and the right to be forgotten
3 years, 8 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 …

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 …

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 …

Privacy Judgment: A Salvo In The Fight Against Discrimination Against The LGBTQ Community in India
7 years, 6 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 …

Four non-BJP ruled States move SC in support of right to privacy
7 years, 7 months ago

Four non-BJP ruled States move SC in support of right to privacy

The Hindu  

The Trinamool Congress-ruled West Bengal and the Congress-led Puducherry, Karnataka and Punjab on Wednesday moved the Supreme Court in support of declaring right to privacy a fundamental right. This court needs to strike a balance,” he submitted before a Bench, also comprising Justices J. Chelameswar, S.A. Bobde, R.K. Agrawal, Rohinton Fali Nariman, Abhay Manohar Sapre, D.Y. The petitioners had claimed …

Delhi HC Hearing NRI’s Plea For ‘Right To Be Forgotten’
8 years, 1 month ago

Delhi HC Hearing NRI’s Plea For ‘Right To Be Forgotten’

Live Law  

The High Court of Delhi on Thursday issued notice to Centre and Google, demanding their stand on a petition seeking creation of a separate legal framework under ‘right to be forgotten’ to delink ‘irrelevant information’ from the internet.During the course of the hearing, Google submitted before Justice Sanjeev Sachdeva that even if it disables or blocks a site in its …

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 …

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 …

Delhi High Court asks Centre, Google about 'right to be forgotten'
8 years, 10 months ago

Delhi High Court asks Centre, Google about 'right to be forgotten'

Firstpost  

Does right to privacy include right to delink from the Internet the irrelevant information, the Delhi High Court has asked the Centre and Google. Justice Manmohan sought the responses of the Ministry of Communication and Information Technology, Google Inc., Google India Pvt Ltd and IKanoon Software Development Pvt Ltd on a plea of an NRI seeking that he be “delinked” …

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