Right To Be Forgotten: Delhi High Court Asks Indian Kanoon To Consider Blocking Judgment Concerning Matrimonial Dispute
3 years, 2 months 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 contains provisions related to the doctrine. In an affidavit filed in a plea moved by two businessmen acquitted in a forgery case, Centre had further submitted that Indian courts have also accepted the doctrine of right to be forgotten as an essential part of "right to privacy" by referring to the judgments delivered by Orissa High Court and Karnataka High Court. Right To Privacy Includes Right To Be Forgotten, Personal Data Protection Bill Contains Provision For It: Centre Tells Delhi High Court

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History of this topic

SC rejects petition seeking to withhold order on its website
1 week, 2 days 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, …

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 …

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 …

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 …

Delhi High Court Directs Indian Kanoon To Mask Name Of Man Acquitted In Rape Case, Asks It To Disclose Its Policy On Right To Be Forgotten
1 year, 9 months ago

Delhi High Court Directs Indian Kanoon To Mask Name Of Man Acquitted In Rape Case, Asks It To Disclose Its Policy On Right To Be Forgotten

Live Law  

The Delhi High Court recently directed Indian Kanoon to mask the name of a 29-year-old man who was acquitted in a rape case in 2018Justice Prathiba M Singh was hearing the plea moved by the man seeking masking of his name in the judgment acquitting him in the FIR filed under section 376 and 506 of Indian Penal Code, 1860. …

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 | 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 …

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 …

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 …

Delhi High Court Adjourns To August 27 Whatsapp's Plea Challenging Traceability Clause Under New IT Rules As Violative Of Right To Privacy
3 years, 8 months ago

Delhi High Court Adjourns To August 27 Whatsapp's Plea Challenging Traceability Clause Under New IT Rules As Violative Of Right To Privacy

Live Law  

The Delhi High Court on Friday adjourned to August 27, WhatsApp's plea challenging the "traceability" clause mentioned under Rule 4 of the Information Technology Rules, 2021, as violative of a person's right to privacy enshrined in the Supreme Court judgment of KS Puttuswamy v. Union of India. A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh allowed …

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 …

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" …

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 …

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” …

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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