Supreme Court’s Framework on the ‘Right to be Forgotten’: Balancing Privacy and Open Justice

The Supreme Court of India has recently laid down a comprehensive framework regarding the 'Right to be Forgotten' (RTBF), a concept that allows individuals to request the removal of their personal information from public platforms under specific circumstances. This ruling addresses the growing concern over the permanence of digital footprints and their potential to cause lifelong prejudice, even after legal proceedings have concluded. The Court emphasized that the RTBF is an inherent part of the Right to Privacy under Article 21 of the Constitution, as established in the landmark K.S. Puttaswamy judgment. The guidelines mandate that judicial registries and search engines can be directed to mask the identities of parties or remove sensitive personal data from the public domain. This is particularly relevant in cases involving matrimonial disputes, sexual offenses, or instances where the disclosure of information does not serve any significant public interest but causes irreparable harm to an individual's reputation and social standing.