Delhi High Court Clarifies Limits of 'Right to be Forgotten' Against Public Court Records

The Delhi High Court recently delivered a significant judgment regarding the 'Right to be Forgotten' (RTBF), stating that it cannot be invoked to remove news reports or public records of a person's acquittal in a criminal case, especially when the matter is of public interest. The court emphasized that court records are essentially public documents, and the principle of 'Open Justice'—which ensures transparency in the judicial process—takes precedence over individual privacy claims in the absence of exceptional circumstances. The petitioner had sought the removal of news articles and legal records related to their acquittal in a criminal case, arguing that the digital footprint of the past trial was causing personal and professional prejudice. However, the High Court observed that once a case is part of the public record, the right to privacy under Article 21 of the Constitution must be balanced against the public's right to know and the freedom of the press. The court noted that reporting on a trial, including its conclusion in an acquittal, is a factual account of judicial proceedings and does not constitute a violation of privacy if the reporting is accurate.