European Court of Justice in the case of ‘Google vs Mario Costeja’ has recognised it.
Delhi High Court was confronted with an interesting question, does the Right to Life under the Constitution also include “Right to be Forgotten” online?
The high court opened up the issue for legal scrutiny, and sought the response of the Central Govt, Google, and an online legal compendium on the matter.
Justice Manmohan had earlier this week, admitted a petition filed by a Delhi banker, who wanted his name and personal details to be removed from online search engines.
Seeking an online anonymity, the man told HC that “right to be forgotten” is a legally recognisable prerogative in Europe post the landmark judgment by European Court of Justice in the case of Google vs Mario Costeja.
Under the individuals right to be forgotten, any person can make a request to search engines like Google, Yahoo and Bing to take down his/her personal details in certain circumstances to prevent access of confidential information by third parties.
The banker by profession said he was upset after details of his marital dispute, which he had settled in court a few years ago, kept on surfacing online. He found that a law website called Indian Kanoon had reported on the dispute. Other details related to his case were also available on Google and other search engines.
Advocates Rohit Madan and Akash Vajpayi appearing on behalf of the petitioner, said he is now living happily with his new wife and son. His wife, in an affidavit to the court, had submitted that the dispute had been settled. In such a case, the advocates argued before the Bench that the banker has a right to seek removal of personal information available on the internet.
HC has asked Google and the others to file a reply by September 19 and clear their stand.
The case acquires significance as it seeks HC’s intervention in a sphere where there are no clear cut laws despite growing concerns of invasion of privacy.
“This will further the cause of all such people whose right to privacy is violated through unverified postings on the internet,” the petition argued.