Rout v. State of Odisha

The decision reiterates the need for legislative recognition of the right to be forgotten in India, which – even three years after the Supreme Court recognized the right to privacy as a fundamental right – remains an abstract right without a Personal Data Protection law. This decision expands freedom of expression in the sense that the right to privacy is considered integral for the effective utilization of the right to expression. However, if drafted or interpreted overbroadly, the legislative right to be forgotten may lead to the removal of information that may otherwise have been available to the public or be in the larger public interest, and so much depends on how the legislature defines this right when it enacts a Personal Data Protection law.

The decision establishes a binding or persuasive precedent within its jurisdiction. As a decision of the High Court of Orissa, the decision is binding on authorities and all lower courts in the state of Orissa.

Decision (including concurring or dissenting opinions) establishes influential or persuasive precedent outside its jurisdiction. Although the decision is only binding in Orissa, it is nonetheless significant on a pan-India level as it contributes to the growing judicial consensus about the need for the right to be forgotten, after two similar judgments from the Delhi High Court and the High Court of Karnataka.

CYRILLA: Global Digital Rights Law

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