Jaideep Mirchandani & Anr. V. Union Of India Ministry Of Communication And It & Ors. (Delhi High Court)
The Centre has informed the Delhi High Court that the fundamental right of Right to Privacy also includes the Right to be Forgotten and that the Personal Data Protection Bill 2019 contains provisions related to the doctrine.
1. The Centre has also submitted that the Information Technology Act 2000 provides for blocking of the information for public access through any computer resource and also for removal of certain unlawful information from an intermediary platform.
2. The petitioners were aggrieved by the continued availability of online articles regarding their past arrest and trial despite their having been acquitted from the charges.
3. The plea further averred that the presence of the said judgment and news items on internet gives an impression that they were involved with “tabooed Smuggling/ Illegal activities.”
4. It was also stated that the petitioners were not involved in India or abroad in any illegal activities, however due to the presence of articles and orders available on the websites, their clients and the Government agencies with whom they have business or professional dealings avoid them under the perception that they have a criminal background.
5. The development came after the Ministry of Electronics and Information Technology filed a short affidavit in a plea filed by two businessmen acquitted in a forgery case, invoking their right to be forgotten and seeking removal of the concerned judgment and news articles from internet.
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