Right to be Forgotten: Karnataka High Court Reaffirms Privacy in Sensitive Legal Proceedings

The Karnataka High Court has taken a significant step in protecting individual privacy by directing its registry to mask the name of a woman involved in a sensitive legal matter. The court observed that while judgments are public documents, the permanent digital footprint of an individual’s involvement in sensitive proceedings can cause irreparable damage to their social standing and personal life. This ruling reaffirms the 'Right to be Forgotten' (RTBF) as an essential component of the right to privacy.

The RTBF allows individuals to request the removal of their personal data from internet searches and databases under specific circumstances. In India, while not yet explicitly codified as a standalone statutory right, the Supreme Court in the landmark K.S. Puttaswamy v. Union of India (2017) case recognized the right to privacy as an integral part of Article 21 (Right to Life and Personal Liberty). The RTBF is widely considered a subset of this constitutional guarantee, particularly in the context of data that is no longer necessary or relevant.

This ruling underscores the growing tension between the 'Open Court' principle—which ensures transparency and public confidence in the judiciary—and the individual's right to be left alone. As legal records become increasingly digitized and easily searchable, the risk of 'digital stigmatization' grows. While the Digital Personal Data Protection (DPDP) Act, 2023, provides for the 'right to erasure,' its specific application to judicial records remains a complex and evolving area of law. Courts are increasingly using their inherent powers to ensure that victims, especially in matrimonial or sensitive criminal cases, are not haunted by their past legal battles in the public domain.