Which of the following statements about the Delhi High Court’s ruling on the ‘Right to Be Forgotten’ in November 2024 is correct?

Correct option is C

The correct answer is: (C) The Court permitted the petitioner to approach online platforms and search engines to mask their identities.

• In November 2024, the Delhi High Court upheld the ‘Right to Be Forgotten’ (RTBF) in a matrimonial dispute case, allowing the petitioners to request masking of their identities.

• The Court permitted individuals to approach online platforms and search engines (like Google, YouTube, etc.) to de-index or mask content that infringes on their right to privacy, especially when no overriding public interest is involved.

• This ruling balanced the right to privacy with public interest and emphasized non-interference with court records.

• The ‘Right to Be Forgotten’ stems from the Right to Privacy, a fundamental right under Article 21 of the Indian Constitution (as per the Puttaswamy judgment, 2017).

• The Delhi HC clarified that masking identities online does not mean removal of court judgments from official sources like Indian Kanoon or court websites.

• The Data Protection Act, 2023, also recognises RTBF as a limited right, especially in digital contexts.

• The judgment distinguished between matrimonial cases and criminal offences, with a more privacy-protective approach for the former.

• The Court acknowledged the risk of digital perpetuity of sensitive personal data, especially in acquittal and private dispute cases.

• Option A is incorrect because the Court did not reject RTBF in acquittal/quashed cases—prior courts have supported it in such instances.

• Option B is incorrect because the Court upheld privacy over public interest in private matrimonial cases.

• Option D is incorrect as the ruling explicitly allowed masking names to preserve privacy.

• Other High Courts (e.g., Orissa HC, Karnataka HC) have also previously upheld RTBF, especially in cases where criminal records are quashed or reputational harm persists post-acquittal.

• The Digital Personal Data Protection Act, 2023, further reinforces this right, allowing individuals to request removal or restriction of personal data under specific circumstances.