Balancing the Right to be Forgotten with Open Justice: Supreme Court’s Intervention
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The Supreme Court has stayed a High Court order regarding the removal of a judicial record from search engines, highlighting the tension between individual privacy and the principle of open justice. This case underscores the evolving legal landscape of digital rights and judicial transparency in India.
The Supreme Court of India recently stayed a Delhi High Court direction that ordered search engines like Google to remove a specific judgment from their search results. This development brings to the forefront the complex legal and ethical debate surrounding the 'Right to be Forgotten' (RTBF) and its friction with the principle of 'Open Justice'.
The Right to be Forgotten allows individuals to request the removal of personal data from internet searches and databases under certain circumstances, particularly when the information is no longer relevant or is prejudicial. In India, while not explicitly codified as a standalone right, the Supreme Court in the landmark K.S. Puttaswamy v. Union of India (2017) case recognized it as an inherent part of the Right to Privacy under Article 21.
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