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

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"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 Details In Reported Court Orders From Search Engines The Petitioner was primarily aggrieved by the fact that despite his exoneration from the criminal proceedings, the website continued to publish a Bail order concerning those proceedings without redacting his name therefrom, which was also the first search result on Google, thereby causing him trauma. It is further pointed out that even though the Court made reference to the "right to be forgotten", as recognized by the European Parliament's General Data Protection Regulation, in the Puttaswamy judgment, "It did not declare or "acknowledge" such a right in the Indian context, as wrongfully averred in paras 5 and 6 of the petition. In fact, the Hon'ble Supreme Court laid emphasis on the role of the legislature in introducing similar protections under Indian law and the need for the State to introduce a Data Protection legislation that balances the right to Privacy with legitimate interests of the State," the website submitted.

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