HC

High Court

Anand Byrareddy

Bopanna

Mohan

recognises and grants request to erase name from online case recordsIn the times of the all-pervasive Internet, thehas recognised the ‘Right to be forgotten’. Even after a case is disposed by the HC, the name, address and other details, including the order copy of that particular case, is available on the court’s website. Due to digitisation of court documents, an online search of a person’s name reveals all these details if he/she has ever been associated with a case.In January this year, Justiceallowed a petition by the father of a woman, who was involved in a divorce case, to remove her name from the records so that it would not reflect in online searches. “This would be in line with the trend in the Western countries where they follow this as a matter of rule — the right to be forgotten — in sensitive cases involving women in general and highly sensitive cases involving rape or affecting the modesty and reputation of the person concerned. The petition is disposed of accordingly,” the court had ordered.Following this order, there are other petitioners who are approaching the court with similar requests. On June 15, Justice ASallowed a similar petition by another woman who wanted her name to be removed from online records. She had cited “certain embarrassment and hardship” she was facing due to her name being reflected in court records online.However, it does not mean that the names of the petitioners who make such requests will be erased. If a certified copy of the particular order is applied for, “the name would certainly be reflected in the copy of the order,” the HC has specified in the first case. Advocates routinely apply for official copies of court orders which they require.Two years ago, advocate GRfiled a petition on behalf of a 35-year-old businessman who faced a similar situation. He had divorced his wife after a long legal battle that included criminal allegations against him. The issue was settled by way of a compromise and the allegations were withdrawn by his then wife. But when he tried to marry a second time, he found that the display of the case details on the HC’s website was hampering his prospects.“In that case, the court had ruled that it was not possible to remove the name from the online records. The computer committee of the HC had reported that it was not possible. But times seem to have changed. The larger question of right to privacy is also at stake. Even when you are acquitted of charges, the stigma sticks as your name will be seen online in connection with the case. The recognition of right to be forgotten is a welcome development,” Mohan said.