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Mere erasure of the name of the petitioner in the cause title, does not mean that he is entitled to seek such erasure from the police records. “The direction would be only to enable the internet to forget, like the humans forget. If it is allowed to stay on record, the internet will never permit the humans to forget”.
As the judgment is openly available on the Indian Kanoon and is also accessible through any web search on Google Search, the Court directed that the name of the petitioner must be masked on the Indian Kanoon portal.
There is an abysmal absence of a collaborative effort that should ideally be undertaken by the intermediaries and the State.
Orissa High Court said that the legal possibilities of being forgotten On-line and Off-line, cries for widespread debate. It is also an undeniable fact that the implementation of the right to be forgotten is a thorny issue in terms of practicality and technological nuances.
Kerala High Court while dealing with the issue of deleting personal information from the Judgments, discussed the different facets of right to privacy of individuals and the interest of the public qua judicial institutions. The Court concluded that the right to be forgotten cannot be claimed in current proceedings, but in appropriate cases the Court has power to invoke this right.
“A person’s image constitutes one of the chief attributes of his or her personality as it reveals the person’s unique characteristics and distinguishes the person from others. The right to the protection of one’s image is thus one of the essential components of personal development and mainly presupposes that person’s control over the use of that image, including the right to refuse publication of it.”
by Sanjay Vashishtha†
Cite as: 2022 SCC OnLine Blog Exp 7
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