The Karnataka High Court ruled that the right to be forgotten is part of the right to informational privacy under Article 21 of the Indian Constitution. The court ordered authorities to mask the name of a woman acquitted in a 2019 criminal case from digital records and search results. The judgment was delivered by Justice M. Nagaprasanna this week, addressing the woman’s petition after her acquittal failed to remove her name from online platforms like Google and Indian Kanoon, affecting her employment prospects abroad, according to medianama.com.
The woman had been acquitted of charges under the Immoral Traffic (Prevention) Act, the Information Technology Act, the Foreigners Act, and the Indian Penal Code. Despite her acquittal attaining finality, her name continued to appear in digital records, impacting her refugee status and permanent residence in Sweden. The court directed the Karnataka High Court Registry, Bengaluru City Civil Court Registry, Google, and Indian Kanoon to mask her name from all digital records related to the case. The judgment emphasized that acquittal must have practical effect beyond the courtroom.
This ruling marks a significant affirmation of digital privacy rights in India, reinforcing that judicial acquittals carry a 'seal of innocence' that must be respected online. The court warned that allowing obsolete digital records to perpetually display allegations would undermine the finality of acquittals. This decision aligns with global trends recognizing the right to be forgotten as essential for protecting individuals’ reputations and privacy in the digital age, setting a precedent for future cases involving online data and privacy rights.
The Karnataka High Court’s order is among the first in India to explicitly link the right to be forgotten with Article 21, which guarantees the right to life and personal liberty. The court’s directive to mask the acquitted woman’s name from digital platforms is expected to influence how courts and digital service providers handle similar privacy concerns in the future.