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Right To Be Forgotten : Kerala HC Formulating Information Management Policy To Mask Personal Information In Judgments

[03 March 2022] The Kerala High Court on 3 March, 2022 declared that it was in the process of drafting an Information Management Policy which could possibly address the issue of masking of the parties’ names in its orders and judgments.
A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas announced so while adjudicating upon a batch of seven petitions seeking the remedy of masking their names in different cases disposed of by this court.
It has been submitted that the publication of names in the cause title of the judgment infringes personal liberty under Article 21 of the Constitution of India.
In May 2021, Justice Anil K Narendran had referred the question of whether parties in a proceeding that did not involve public interest could seek the masking of their names to a Division Bench since he was informed that there were similar matters pending decision therein.
Upon referring to the law on privacy and the right to be forgotten, the Single Judge had prima facie opined that the public did not have a fundamental or legal right to intrude into the personal life of the individuals who are parties to such proceedings or to impinge upon their right to privacy.

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