Neutral Citation Number: 2023:DHC:2806
Forgotten/Right to Oblivion” to state that ―in the context of the Internet this
dimension of privacy means informational autonomy or informational selfdetermination…Information self-determination means the control over one‘s
personal information, the individual‘s right to decide which information will
be disclosed, to whom and for what purpose‖. The Judgement goes on to
observe that, in the digital context, the “right to delisting” and “right to
oblivion” are facets of the right to be forgotten.
45.
The argument that has been advanced by the learned Senior Counsel
appearing for the Respondent intermediaries is that as search engines merely
provide access to content and are not responsible for hosting the said
content, directions must be rendered to the publishers and not the search
engines themselves. It is at this stage that a search engine’s role in ensuring
that one’s right to privacy is not contravened comes into prominence,
especially with Rule 3(1)(m) which states that the intermediary shall respect
all the rights accorded to the citizens under the Constitution, including
Articles 14, 19 and 21. It is further essential to state that the continued
existence of NCII content on the internet does not serve any public interest
and it is punishable under Section 66E of the IT Act. The argument,
therefore, put forth on behalf of the Respondent intermediaries is not
acceptable to this Court.
Social Responsibility of Search Engines
46.
The duty and the liability of a search engine has been expounded in
Judgement of the Court of Justice of the European Union (CJEU) in Google
Spain SL, Google Inc. v. Agencia Española de Protección de Datos, Case C131/12, wherein the Plaintiff’s grievance was that a Google Search of his
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 69 of 88
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