Indian Kanoon moves HC against de-indexing order
New Delhi, July 15 -- Indian Kanoon has moved a division bench of the Delhi High Court against a single judge's ruling directing the legal database platform to de-index and disable name-based searches across all its platforms and domains for court records and news articles of certain individuals to give effect to the right to be forgotten.
The appeal was listed before a bench of Chief Justice DK Upadhyaya and Justice Tejas Karia on Tuesday but was adjourned to July 21 after counsel for the platform sought time in view of lawyers abstaining from work.
In an order on May 29, the single judge bench of Justice Sachin Datta laid down a judicial roadmap for enforcing the right to be forgotten, prescribing legal principles for when names can be removed from search results of search engines and legal databases or masked in court records.The order was passed on petitions filed by 39 individuals, including persons acquitted of criminal charges, parties to matrimonial disputes and individuals whose names appeared incidentally in judicial records despite not being parties to the proceedings. Justice Datta directed de-indexing in 35 cases.
While de-indexing does not erase a judicial record, it removes the name as a searchable retrieval key. Masking involves replacing names and personal identifiers in public records with neutral references such as "ABC" or "XYZ".
In its appeal, Indian Kanoon contended that the standard laid down by the judgement is "arbitrary" and that the concepts of "relevance" and "legitimate public purpose" are broad, vague and undefined, risking arbitrary censorship....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.