Kerala HC Admits Plea of Right to be Forgotten

The Kerala High Court has admitted a petition that was filed against search engines Google and Indian Kanoon. Right to be Forgotten is the plea of the Petitioner.

The petitioner requested the Court to direct the search engines to remove his details/names related to a criminal case in which he was an accused.

Brief Facts of Right to be Forgotten Petition

The petitioner has stated he was absolved in the case. But his bail order shows up on google search engine and on the Indian Kanoon website. 

On these websites his name has not been redacted which is the cause of his mental agony.

As per the petition, the petitioners fundamental right to privacy is being infringed upon.

He has sought directions that his name should be removed from the respondent’s website and also from the official website of Kerala High Court.

It was asserted that even if a law reporter has the right to publish the Court judgement, their right does not extend to show the summary of past criminal records. 

Further stated that the whole judgement of the case could be published but publishing a person’s personal details was unwarranted.

It was further argued before the Court that the right to privacy includes the right to be forgotten. 

Reliance was placed on a Karnataka High Court judgement where the right to be forgotten was recognised.

It was also asserted that various international Courts have also recognised the right to be forgotten.

According to the petitioner, search engines should erase information related to a criminal trial when the information becomes unnecessary, inadequate, and irrelevant. 

The petitioner also urged the Court to relook at R. Rajagopalan vs The State of Tamil Nadu where journalistic findings were discussed.

Findings of the Court

The Court admitted the writ petition. 

We will keep you apprised of the latest developments in the case.

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