Delhi High Court creates framework for enforcing ‘right to be forgotten’

The Delhi High Court has created a judicial roadmap for enforcing the "right to be forgotten," a landmark ruling that could make it easier for individuals acquitted in criminal cases, parties to settled disputes, or those unfairly linked to litigation to protect their digital reputations. The court has set out detailed principles for when names can be removed from search engine results or masked within court records.

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People acquitted in criminal cases, parties to settled disputes and individuals unfairly linked to litigation may now find it easier to seek protection of their digital reputation after a landmark Delhi High Court ruling on the “right to be forgotten”.

Justice Sachin Datta, in a May 29 judgment released on Monday, recognized the right to be forgotten as an integral aspect of the fundamental right to privacy under Article 21. The ruling clarifies that de-indexing directions, which remove a name as a searchable key without erasing the judicial record itself, will operate globally across all search engine versions and domains to ensure effective protection of an individual's informational privacy.

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The high court has, for the first time, created a judicial road map for enforcing the “right to be forgotten”, setting out detailed principles for when names can be removed from search results or masked in court records.

The court's framework requires a careful assessment of several factors before granting de-indexing relief. These include the nature of the information, the outcome of the concluded proceedings, the public role of the individual involved, and the accuracy and continuing relevance of the information. In cases of acquittal, discharge, or quashing of proceedings, continued unrestricted name-based searchability can undermine the presumption of innocence. Similarly, for cases concluded through settlement, continued online accessibility might fail the proportionality test if the harm to the individual outweighs legitimate public interest.

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De-indexing is a directive issued to a private platform that does not result in the erasure of a judicial record, which remains accessible on court websites and legal databases.