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 information of the public and maintenance of transparency in judicial records. The Gujarat high court refused the application by an accused in 2014 while the high courts of Karnataka and Orissa have allowed masking the name of victims in criminal proceedings, recognising their right to privacy. However, the inconsistent approaches adopted by high courts in dealing with RTBF can be illustrated by two recent judgments along with the Delhi high court’s interim order.

India Delhi Court Google Courts Order Open Courts Judgments Case Judicial Right High Public Bombay Judicial Decisions Judicial Records Forgotten Rtbf  line  right  court  public  judgments  fine  courts  forgotten  rtbf  transparency  high  case  judicial  order  separates

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 …

Marks Of Other Candidates In Public Examination Can Be Disclosed Under RTI In Public Interest: Supreme Court
1 month, 1 week ago

Marks Of Other Candidates In Public Examination Can Be Disclosed Under RTI In Public Interest: Supreme Court

Live Law  

The Supreme Court recently upheld an order of the Bombay High Court, wherein it was observed that a request to disclose the marks obtained by other candidates in a public examination under the Right to Information Act, 2005, in the public interest, cannot be declined. Rejecting the same, the High Court held that marks obtained by the candidates in such …

Bombay High Court seeks report on case file missing from Belapur Magistrate court
1 month, 2 weeks ago

Bombay High Court seeks report on case file missing from Belapur Magistrate court

India Today  

The Bombay High Court has directed a District Judge from Thane to trace papers of court proceedings which went missing from a Magistrate court in Belapur, Navi Mumbai. Advocates Yash Raiyani and Swapana Kode, appearing for the petitioner, submitted before the bench that the woman even lodged a complaint about her missing file with the Principal Judge, after which the …

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, 1 week 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 …

'Disgusted That This Court Is Repeatedly Taken On A Ride': Supreme Court On Suppression Of Facts In Yet Another Remission Plea
3 months, 4 weeks ago

'Disgusted That This Court Is Repeatedly Taken On A Ride': Supreme Court On Suppression Of Facts In Yet Another Remission Plea

Live Law  

The Supreme Court on Friday expressed disgust over repeated instances of material suppression in remission petitions after discovering that a convict seeking remission had suppressed material facts by simultaneously having approached the Delhi High Court for similar relief without disclosing this to the Supreme Court. “Even today, the petitioner has not pointed out to this Court the fact that a …

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 …

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 …

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 …

India is losing its cherished right to know
2 years, 4 months ago

India is losing its cherished right to know

The Hindu  

The most vital mandate of the Central Information Commission, the apex body under India’s transparency regime, is to decide whether certain information sought by a citizen ought to be disclosed or not. Until the 2019 amendment to the RTI Act, Information Commissioners appointed to the CIC were equal in status to the Chief Election Commissioner, and that of a Supreme …

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 …

'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 : 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 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 …

'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 …

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 …

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 …

Disclosure of interest in info sought under RTI not ‘necessary’ but ‘important’
4 years, 1 month ago

Disclosure of interest in info sought under RTI not ‘necessary’ but ‘important’

Hindustan Times  

The Delhi high court has modified its earlier order to state that disclosure of applicant’s interest in the information sought under the Right to Information Act is “necessary” only when personal information is sought. On Friday, justice Prathiba Singh modified her earlier order of Jan 12 where it had said that the reason for disclosure of applicant’s interest is “necessary” …

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 …

Evidence Collected In Breach Of Right To Privacy Alone Doesn't Make It Inadmissible: Delhi HC [Read Judgment]
4 years, 8 months ago

Evidence Collected In Breach Of Right To Privacy Alone Doesn't Make It Inadmissible: Delhi HC [Read Judgment]

Live Law  

In a significant judgment pertaining to rules for collection and admissibility of evidence, the Delhi High Court has held that evidence collected in breach of the fundamental right to privacy alone, would not make it inadmissible in court of law. The single bench has held that while a litigating party certainly has a right to privacy, that right "must yield" …

Open, all the same: On CJI office and RTI Act
5 years, 4 months ago

Open, all the same: On CJI office and RTI Act

The Hindu  

The adage, “sunlight is the best disinfectant” is often used to delineate the need for disclosure of matters related to public interest through the Right to Information mechanism. The welcome ruling by a five-member Constitution Bench of the Supreme Court that the office of the Chief Justice of India is a “public authority” under the RTI Act, as much as …

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 …

European Court of Justice Restricts ‘Right To Be Forgotten’ [Read Judgment]
8 years ago

European Court of Justice Restricts ‘Right To Be Forgotten’ [Read Judgment]

Live Law  

The European Court of Justice, on Thursday, ruled that individuals cannot demand removal of personal data from company records in an official register, thereby restricting the “right to be forgotten” to that extent.Such disclosure, it opined, was justified in view of the need to protect the interests of third parties, and to ensure legal certainty and fair trading, and thus …

European Court of Justice Restricts ‘Right To Be Forgotten’ [Read Judgment]
8 years ago

European Court of Justice Restricts ‘Right To Be Forgotten’ [Read Judgment]

Live Law  

The European Court of Justice, on Thursday, ruled that individuals cannot demand removal of personal data from company records in an official register, thereby restricting the “right to be forgotten” to that extent.Such disclosure, it opined, was justified in view of the need to protect the interests of third parties, and to ensure legal certainty and fair trading, and thus …

Right To Be Forgotten: Kerala HC Asks Indian Kanoon To Remove Name Of Rape Victim From Judgment
8 years ago

Right To Be Forgotten: Kerala HC Asks Indian Kanoon To Remove Name Of Rape Victim From Judgment

Live Law  

The Kerala High Court has recently asked legal online search portal indiankanoon.com to remove the name of a rape victim from a Kerala High Court judgment published on the site.Justice Shaji P Chaly passed the interim order in a petition filed by a rape victim, who was aggrieved by the disclosure of her name and personal information in the judgments …

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 …

Seven Important Lessons on RTI from Delhi High Court
8 years, 9 months ago

Seven Important Lessons on RTI from Delhi High Court

Live Law  

Delhi High Court on 24th May 2016, has criticised the Legislative Department for filing un unnecessary Writ Petition against the Order of Central Information Commission directing the Government to update and upload all the latest amended bare Acts, to examine the functionality of its e-mail ID and develop an appropriate RTI filing mechanism. HC said: “In fact, as rightly pointed …

Seven Important Lessons on RTI from Delhi High Court
8 years, 9 months ago

Seven Important Lessons on RTI from Delhi High Court

Live Law  

Delhi High Court on 24th May 2016, has criticised the Legislative Department for filing un unnecessary Writ Petition against the Order of Central Information Commission directing the Government to update and upload all the latest amended bare Acts, to examine the functionality of its e-mail ID and develop an appropriate RTI filing mechanism. HC said: “In fact, as rightly pointed …

Breaking; SC Registrar cannot be directed under RTI Act to maintain records of period for which JTs are pending after being reserved: Delhi HC DB reverses Single Bench Order [Read Judgment]
9 years, 2 months ago

Breaking; SC Registrar cannot be directed under RTI Act to maintain records of period for which JTs are pending after being reserved: Delhi HC DB reverses Single Bench Order [Read Judgment]

Live Law  

A Division Bench of Delhi High court comprising Chief Justice G. Rohini and Justice Jayant Nath on Wednesday ruled that the SC Registrar cannot be directed under the RTI Act to maintain records relating to period for which judgments remain pending after being reserved.The Court was hearing an appeal filed against an order of the Single Judge dated December 4, …

RTI can be used even if information not relevant or germane and even if applicant has access to material through other means; Delhi HC [Read the Judgment]
10 years, 2 months ago

RTI can be used even if information not relevant or germane and even if applicant has access to material through other means; Delhi HC [Read the Judgment]

Live Law  

Setting aside an order passed by the CIC, the Delhi High Court remanded a case back to CIC for consideration in the light of the observations. Justice Vibhu Bakhru emphasized on two points, first being that the question whether the information sought by the petitioner is relevant or necessary, is not relevant or germane in the context of the Act; …

RTI can be used even if information not relevant or germane and even if applicant has access to material through other means; Delhi HC [Read the Judgment]
10 years, 2 months ago

RTI can be used even if information not relevant or germane and even if applicant has access to material through other means; Delhi HC [Read the Judgment]

Live Law  

Setting aside an order passed by the CIC, the Delhi High Court remanded a case back to CIC for consideration in the light of the observations. Justice Vibhu Bakhru emphasized on two points, first being that the question whether the information sought by the petitioner is relevant or necessary, is not relevant or germane in the context of the Act; …

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