Right to be Forgotten: Balancing Privacy, Digital Rights and Open Justice

4 Jun 2026

The debate around the Right to be Forgotten (RTBF) has gained prominence in the digital age, especially after recent judicial observations concerning online accessibility of court records.

Meaning of Right to be Forgotten

It refers to an individual’s right to seek removal of outdated, irrelevant, or prejudicial personal information from digital platforms.

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Core Constitutional Conflict

Open Justice: Judicial proceedings should remain accessible to ensure transparency, accountability, and public confidence in courts.
Informational Privacy: Individuals should have control over personal information, particularly when disclosure causes disproportionate harm.

Constitutional Basis

Right to Privacy: The Supreme Court in the Justice K.S. Puttaswamy Judgment recognized privacy as a fundamental right under Article 21.

Challenges in the Digital Era

Permanent Digital Memory: Unlike physical archives, digital records remain easily searchable and accessible indefinitely.
Search Engine Amplification: Search engines often display fragmented information, lacking complete legal context.
AI and Data Aggregation: Artificial intelligence can rapidly compile and analyse an individual’s digital footprint.

Global Perspective

European Union Approach: The landmark Google Spain Case recognized the Right to be Forgotten under data protection principles.
GDPR Framework: The General Data Protection Regulation (GDPR) provides mechanisms for removing certain personal data while balancing public interest and free expression.

Key Issues Highlighted by Courts

Updating Records is Insufficient: Merely updating official court records may not solve the problem if outdated information remains visible on search engines.
Name-Based Search Concerns: Easy retrieval of an individual’s entire litigation history through simple name searches can affect reputation and opportunities.
Third-Party Replication: News portals and legal databases often retain copied information even after official records are corrected.

Counter-Argument

Threat to Open Justice: Court records are public documents and form part of the official historical record of the State.
Problem of Incomplete Information: The real issue is often incomplete representation of facts rather than public accessibility itself.

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Way Forward

Context-Rich Search Results: Search engines should prominently display acquittals, case outcomes, and updated legal developments alongside original allegations.
Regular Database Updates: Courts, search engines, and legal repositories should periodically synchronize records to ensure accuracy.
Balanced Regulatory Framework: A clear legal mechanism should reconcile privacy rights with transparency and public interest.

Mains Practice:

Q. The digital era has brought the ‘Right to be Forgotten’ in direct conflict with the ‘Principle of Open Justice’. Examine the complexities involved and suggest a way forward to balance these two fundamental values. (15 Marks, 250 Words)

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