Supreme Court Expands Right to be Forgotten: Addressing AI Hallucinations under Article 21

In a significant judicial intervention, the Supreme Court of India has expanded the scope of the 'Right to be Forgotten' to include protection against 'AI hallucinations'—instances where Large Language Models (LLMs) generate false or misleading information about individuals. The Court held that Article 21, which guarantees the Right to Life and Personal Liberty, encompasses protection against 'digital misinformation' that can irreparably harm a person's reputation and dignity.

AI hallucinations occur when generative AI systems, despite their sophisticated training, produce outputs that are factually incorrect but appear stylistically confident. As these systems are increasingly used for background checks, research, and information retrieval, the risk of 'algorithmic defamation' has grown. The Supreme Court noted that while technology is a tool for progress, it cannot be allowed to violate the fundamental right to a truthful digital identity.

The Court has directed the Ministry of Electronics and Information Technology (MeitY) to establish a formal mechanism allowing citizens to seek the de-indexing of false personal data generated by AI. This directive shifts the responsibility onto both the state and AI developers to ensure that the 'Right to be Forgotten' is not just a theoretical concept but an actionable remedy in the age of artificial intelligence. This ruling builds upon the foundation laid by the K.S. Puttaswamy judgment (2017), which recognized privacy as a fundamental right, and the subsequent evolution of the Digital Personal Data Protection (DPDP) Act.

For governance, this necessitates a robust regulatory framework that balances technological innovation with ethical safeguards. It highlights the judiciary's proactive role in interpreting the Constitution to meet the challenges of the 21st century, ensuring that the digital ecosystem remains accountable to the citizens it serves.