Supreme Court Guidelines on the Right to be Forgotten: Balancing Privacy and Open Justice
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The Supreme Court has established a formal protocol for the 'Right to be Forgotten', allowing individuals to request the masking of personal identifiers in digital court records to protect privacy under Article 21.
The Supreme Court of India has taken a landmark step in digital jurisprudence by issuing comprehensive guidelines on the 'Right to be Forgotten' (RTBF). This protocol addresses the growing concern over the permanent nature of digital footprints, where sensitive personal information in court judgments remains accessible indefinitely, potentially causing lifelong social stigma or professional harm to individuals even after they have been acquitted or have settled their disputes.
The guidelines establish a formal mechanism for individuals involved in sensitive litigations—particularly those concerning matrimonial disputes, child custody, and sexual offenses—to petition the court for the 'masking' of their personal identifiers. Masking involves redacting names, addresses, and other identifying details from the versions of judgments uploaded to the internet and legal databases. This ensures that while the legal precedent remains available for study, the identity of the parties involved is protected from casual search engine queries.
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