Right To Be Forgotten - Kerala High Court Allows Litigants To Seek Deletion Of Personal Identities In Family Cases & In-Camera Trials

Pronouncing a significant verdict on the "right to be forgotten", the Kerala High Court on Thursday held that personal information of the parties may not be published on the High Court website in respect of the family and matrimonial cases if the parties in those cases make such a request. While holding that the claim for protection of personal information based on right to privacy cannot coexist in open court justice system, the Court however permitted the masking of personal identities in matrimonial cases and in cases where the law does not recognize the open court system (cases for rape and sexual offences where the trial is held in-camera).The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen, said"In family and matrimonial cases arising in family court and jurisdictions otherwise, and also in other cases where the law does not recognize open court system, the registry of the Court shall not publish personal information of the parties or shall not allow any form of publication containing the identities of parties in the website or any other information system maintained by the Court if the parties to such litigations so insist". However, the Court held that in summation, it could be held that the claim for protection of personal information based on right to privacy cannot coexist in open court justice system. "We hold that right to be forgotten cannot be claimed in current proceedings or in a proceedings of recent origin. It is for the legislature to take ground for invocation of such a right". Nevertheless, it said that the court may, having regard to the facts and circumstances of the case, and duration involved in relation to crime or any other litigation, permit the party to invoke the above right, and remove the personal information of the party from search engine."Court in appropriate cases, is also entitled to invoke principles relating to right to erase personal data available online", it was added. Also read - Right To Be Forgotten | Kerala High Court Says Legislature Alone Competent To Enumerate Grounds But Till Then Courts Can Decide On Case-To-Case BasisThe petitions that were filed before the High Court, sought the removal of identifiable information from judgments or orders published in various online portals and the High Court Website, on the ground that the same amounted to violation of the Right to Privacy and Right to be Forgotten.During the hearings, Standing Counsel appearing for the High Court of Kerala (6th respondent), Advocate B G Harindranath, submitted that the right to be forgotten is not absolute, and that it has to be balanced with the competing interest balancing the right to know and the right to be forgotten should be left to the Legislature and not to the Court. The Counsel emphasized that merely because the person is acquitted it only means that the prosecution did not meet the threshold of beyond a reasonable doubt in a criminal case; he does not get an indefensible right to get his name erased from the Court records as there is no such right available to a person involved in a criminal case who stood a trial to get his name erased from the record.In the written statement filed by the 6th respondent, it was averred that Data privacy, as usually addressed, has a wide scope and includes personal, informational or organizational privacy. While it is required in the larger public interest to protect one's right to privacy, it shall also be maintained that the law is not too sensitive to these concerns; any legislation enforcing the right to privacy shall not recognize it as an absolute right, but as a right with reasonable exceptions, he submitted."Everyone has the right to prevent unwanted invasions into his private and family life, his home and correspondence. It reflects both the individual's psychological need to preserve an intrusion-free zone of personality and family and prevent the anguish and trauma when that zone is violated. Privacy also connotes a right to be left alone. It is also important to accentuate the fact that privacy is not lost or conceded just for the reason that the individual is in a public place. Privacy attaches to the person since it is an essential facet of the dignity of the human being", the counsel averred. Advocate Babu Paul submitted that with regards to the matrimonial matter, there is already an office memorandum issued by the High Court, so there can't be any doubt in that regard. He submitted that any order of the Court is a public document according to Section 74 of the Evidence Act, and there arises a conflict between Section 74 and the Right to Privacy.The Counsel appearing for Indian Kanoon Advocate Santhosh Mathew contended that in the Writ Petition, they've sought for a mandamus directing Indian Kanoon to remove the judgments, which is not maintainable since Indian Kanoon is not carrying out a public duty. It was further contended that reproduction of Court orders cannot form a basis for an...

Right To Be Forgotten - Kerala High Court Allows Litigants To Seek Deletion Of Personal Identities In Family Cases & In-Camera Trials

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