The Delhi High Court has created a judicial framework for enforcing the 'right to be forgotten', allowing individuals to seek protection of their digital reputation. The framework sets out principles for when names can be removed from search results or masked in court records.
De-indexing is a directive issued to private platforms, removing the concerned name as a searchable retrieval key, while masking involves modifying public versions of judicial records by replacing names with neutral references.
The court recognized the right to be forgotten as an integral facet of the fundamental right to privacy, assessing information's character, outcome of proceedings, public role of the individual, and accuracy and relevance.
De-indexing directions shall operate globally, across all versions and domains of the relevant search engine, to give meaningful and effective protection to the individual's fundamental right to informational privacy.
The court also ruled that de-indexing may not be appropriate in cases involving convictions for offences against women or children, or offences involving breach of public trust by public servants, elected representatives or persons in fiduciary positions.
