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PolitySource: The Hindu

Delhi High Court Recognizes Right to Be Forgotten Under Article 21

Tuesday, 2 June 2026
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Key Points

The Delhi High Court's recent recognition of the Right to Be Forgotten (RTBF) under Article 21 of the Indian Constitution marks a significant shift in the legal treatment of digital privacy in India. This development is crucial for UPSC aspirants, particularly for GS Paper 2, which covers governance and rights issues. Last Updated: 02-06-2026

Key Facts About Right to Be Forgotten

  • The Right to Be Forgotten allows individuals to request the removal of personal information from digital platforms.
  • Initially established by the Court of Justice of the European Union (CJEU) in the 2014 Google Spain case.
  • Recognized as part of the Right to Privacy under Article 21 by the Delhi High Court.
  • The Court mandates digital intermediaries to mask personal identifiers and disable name-based search functionalities.
  • Applies globally, ensuring that de-indexing directives are operational worldwide.
  • Not absolute; exemptions include serious offences against women or children and breaches of public trust.
  • Empowers citizens to remove personal data when it no longer serves a legitimate public interest.
  • Enforceable even without a comprehensive statutory framework in India.

India's Digital Privacy Landscape

The recognition of the Right to Be Forgotten by the Delhi High Court is a pivotal step in aligning India's digital privacy standards with global norms, such as those established by the European Union. This move is significant for India's strategic goal of enhancing digital governance and protecting individual privacy rights amidst growing digitalization. As India continues to expand its digital economy, ensuring robust privacy protections is crucial for maintaining citizen trust and fostering international partnerships.

UPSC Relevance

  • GS Paper 2: Governance, Constitution, Polity, Social Justice, and International relations - Right to Privacy and Digital Rights.
  • Prelims Angle: Questions could focus on the definition of RTBF, its origins, and its implications in India.
  • Mains Angle: Analytical themes could include the balance between privacy rights and public interest, and the role of judiciary in shaping digital rights.
  • Essay Paper: Topics on digital privacy, rights of individuals in the digital age, and the impact of globalization on national legal frameworks.

FAQ Section

  • What is the Right to Be Forgotten? The Right to Be Forgotten allows individuals to request the removal of personal information from digital platforms when it becomes outdated, irrelevant, or infringes upon privacy.
  • Why is the Right to Be Forgotten important? It is important because it empowers individuals to protect their privacy and personal data in the digital realm, aligning with global privacy standards.
  • What are the key features of the Right to Be Forgotten? Key features include the ability to request data removal, global enforceability, and exemptions for serious offences or breaches of public trust.

Detailed Coverage

  • The Delhi High Court recognizes the Right to Be Forgotten as part of the Right to Privacy.
  • RTBF allows removal of outdated or irrelevant personal information.
  • Initially established by the Court of Justice of the European Union in the 2014 Google Spain case.
  • The Court ruled that RTBF empowers citizens to remove personal data from public digital domains.
  • Even without a statutory framework, constitutional courts can enforce this right.
  • Authorities and search engine operators must mask personal identifiers in certain cases.
  • De-indexing directives will have a global operational scope.
  • The principle of open justice promotes transparency but does not require permanent public access to personal identifiers.
  • Individuals acquitted or whose cases are settled can request proper online reflection of outcomes.
  • Personal identifiers may be masked in publicly accessible judgments.
  • The legal reasoning and findings must remain intact for legitimate purposes.
  • RTBF is not absolute; exemptions exist for serious offenses.
  • Relief may be denied in cases involving offences against women or children.
  • This ruling reflects the judiciary's adaptation to the digital age.
  • It emphasizes the balance between privacy rights and public information.
  • The recognition impacts legal treatment of digital information and aligns with global standards.
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Practice Questions

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In the context of the Delhi High Court's directives for digital intermediaries, what could be a potential consequence for search engine operators if they fail to comply with the mandated de-indexing of personal identifiers?