“THE RIGHT TO BE FORGOTTEN: A COMPREHENSIVE CASE STUDY ANALYSIS”
AUTHOR – S. JAYASHREE, LLM SCHOLAR FROM THE DEPT. OF HUMAN RIGHTS AND DUTIES EDUCATION IN TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY (SOEL)
BEST CITATION – S. JAYASHREE, THE RIGHT TO BE FORGOTTEN: A COMPREHENSIVE CASE STUDY ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 233-243, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT:
Recently, the legal portal called Indian Kanoon filed an appeal in the hon’ble Supreme Court of India[1], challenging the Madras High Court direction of removing the judgements from websites to protect petitioner’s privacy based on “Right to be forgotten”. However, Apex court imposed a stay by questioning “we entertain criminal appeals, we may convict or acquit. Once we deliver a judgement, it is a part of public record. If it’s a case of child sexual abuse, then names can be masked. But how can the High Court direct a judgement to be pulled down? It will have serious ramification”. Whereas, the High court of Delhi, Kerala, Orissa and Karnataka acknowledged and ordered to enforce such right in various cases since 2019, even though India doesn’t have robust law for data privacy. Hence, this research aims to critically examine the applicability, issues and challenges of Right to be forgotten through case analysis.
KEY WORDS: Right to be forgotten- Right to Erasure- Data Privacy- Supreme and High court cases.
[1] IKanoon Software Development Pvt Ltd Vs. Karthick Theodre & ors [SLP (c) No.15311/2024