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The Right to be Forgotten: Supreme Court to Weigh Privacy Against Judicial Transparency

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The Supreme Court is examining whether the 'Right to be Forgotten' can be enforced to remove court judgments from digital platforms. This case addresses the tension between the public's right to information and an individual's right to privacy and rehabilitation.

The Supreme Court of India has recently taken up a significant legal and ethical question: whether the 'Right to be Forgotten' (RTBF) can be enforced to remove judicial records from public search engines. This move comes in response to petitions from individuals who argue that the permanent digital availability of past legal proceedings—even those resulting in acquittals—creates a lasting social stigma that hinders their personal and professional lives. The RTBF is an evolving legal concept that allows individuals to seek the deletion of their personal data from the internet when it is no longer necessary or relevant. In India, while not explicitly codified as a standalone right, the Supreme Court in the landmark K.S. Puttaswamy v. Union of India (2017) judgment recognized the right to be forgotten as an integral part of the Right to Privacy under Article 21. Furthermore, the Digital Personal Data Protection (DPDP) Act, 2023, provides for the 'right to correction, completion, updating and erasure' of personal data, though its application to judicial records remains a complex grey area.

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This article was curated using AI. While we strive for accuracy, please verify critical facts from official sources.