Supreme Court Recognizes ‘Right to be Forgotten’ in Internet Privacy Cases
- ByAdmin --
- 28 May 2025 --
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In a significant judgment addressing internet privacy, the Supreme Court of India has officially recognized the “Right to be Forgotten” (RTBF) as a part of the fundamental right to privacy under Article 21 of the Constitution. This landmark ruling empowers individuals to request the removal or delisting of personal information or content from online platforms that may be outdated, irrelevant, or prejudicial, thereby protecting their dignity and reputation in the digital space.
Background
With the rapid growth of the internet and digital technologies, individuals’ personal information is increasingly accessible online, often permanently. The “Right to be Forgotten” concept originated in Europe and has gained international traction as a way to balance privacy rights with freedom of expression.
Before this judgment, India lacked clear legal provisions explicitly addressing RTBF, leading to ambiguities in handling requests for content removal. The Supreme Court’s decision brings clarity and formal recognition of RTBF within the Indian legal framework.
Key Highlights of the Supreme Court Ruling
1. Right to be Forgotten as Part of Privacy Rights
- The court affirmed that the right to privacy guaranteed under Article 21 includes the right to control one’s digital footprint.
- Individuals can request removal of personal data that no longer serves a legitimate purpose or causes harm.
2. Balancing Privacy and Freedom of Expression
- The court emphasized that RTBF is not absolute and must be balanced against the public’s right to information and freedom of speech.
- Requests will be evaluated on a case-by-case basis considering public interest and the individual’s privacy rights.
3. Role of Internet Intermediaries
- Online platforms, search engines, and social media companies are directed to establish mechanisms to process RTBF requests responsibly.
- They must weigh privacy concerns against freedom of expression before deciding to delist or remove content.
4. Procedural Safeguards
- The court suggested transparent processes and timely decisions regarding RTBF petitions.
- Individuals should have clear avenues to appeal denials or seek judicial intervention.
Importance of the Ruling
For Individuals:
- Empowers people to regain control over their personal data and digital legacy.
- Protects against harm caused by outdated or irrelevant information affecting reputation and dignity.
For Digital Platforms:
- Mandates responsible handling of content removal requests in compliance with legal principles.
- Encourages creation of clear policies aligned with constitutional rights.
For Society:
- Promotes a balanced digital environment respecting both privacy and free expression.
- Helps build trust in online platforms by safeguarding user rights.
Challenges Ahead
1. Defining Scope and Limits
- Determining what constitutes “irrelevant” or “harmful” information can be subjective.
- Courts and platforms will need to develop consistent standards.
2. Preventing Abuse
- The RTBF should not be used to erase legitimate public interest information or stifle dissent.
- Safeguards are needed to prevent misuse by powerful individuals.
3. Technical Implementation
- Handling RTBF requests requires robust technology, clear guidelines, and trained personnel within platforms.
- Smaller platforms may face challenges in compliance.
Future Implications
- This ruling may prompt legislative action to codify RTBF guidelines and procedures.
- It aligns India with global trends in data protection and privacy laws.
- The decision will likely influence how courts handle privacy and information rights in the digital era.
Conclusion
The Supreme Court’s recognition of the ‘Right to be Forgotten’ marks a milestone in India’s journey towards robust internet privacy protections. By affirming the right to control personal information online while balancing it with freedom of expression, the judgment paves the way for a more privacy-conscious digital society. As the digital world evolves, this ruling will serve as a foundation for further reforms and innovations to protect individual rights in cyberspace.
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