Delhi HC: Name search is not a substitute for case number search on right to be forgotten

The Delhi High Court has stated that a search by case number does not offer the same accessibility to court documents as a name-based search. The observation came during a hearing challenging a previous ruling that upheld the right to be forgotten and ordered Google to de-index certain judgments and news reports.

According to reports, the court remarked that "that level of accessibility (to court orders and judgments by searching for its case name) cannot be removed." It was emphasized that while documents might be searchable by subject or concept, attempting to access them without a name search is a "Herculean effort" and "not even remotely a substitute for a name search." Justices C. Hari Shankar and Vinod Kumar made these comments while discussing the right to be forgotten.

Arvind Datar, representing Indian Kanoon, argued that judicial orders, which form a "Court of Record," cannot be tampered with unless directed by the judiciary. He noted that while newspaper reports and TV channels can be deleted, court orders cannot be similarly erased. He pointed out that the specific judgment remains accessible on other platforms like SCC Online and Manupatra.

The case touches upon broader debates about privacy and the right to be forgotten in India. Although India does not have specific legislation for the right to be forgotten, it is referenced within the fundamental right to privacy recognized in the constitution. The Delhi High Court is scheduled to hear the case again on September 2.