Supreme Court’s Guidelines on the ‘Right to be Forgotten’: Balancing Privacy and Open Justice
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The Supreme Court has established a framework for the 'Right to be Forgotten', allowing for the masking of personal details in digital court records to protect individual privacy. This move addresses the permanent nature of digital footprints and their impact on the lives of those acquitted or involved in sensitive litigation.
The Supreme Court of India has recently issued comprehensive guidelines regarding the 'Right to be Forgotten' (RTBF) in the context of digital court records. This development addresses a growing concern in the digital age: the permanence of online records and their potential to cause lifelong stigma, even for individuals who have been acquitted of crimes or were involved in sensitive personal disputes.
The court's guidelines allow individuals to petition for the removal or 'masking' of their personal details from judicial records available on the internet. This is particularly relevant for cases involving matrimonial disputes, sexual offenses, or instances where an individual has been honorably acquitted. The core of the issue lies in the conflict between the 'Principle of Open Justice'—which demands transparency in judicial proceedings—and the 'Right to Privacy' under Article 21 of the Constitution.
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