In A First, Kerala High Court Publishes Privacy Notice; Sets Up Grievance Redressal Mechanism For Data Privacy Of Litigants

The Kerala High Court has issued a data privacy notice, specifying the guidelines that the High Court and the courts under its supervisory control will adhere to when collecting or holding personal data of individuals. The court on the judicial side had earlier directed its Registry to publish privacy notice on the website in both English and vernacular languages. 

While the court has made the privacy notice available in English and Malayalam on its official website, it has also issued an official memorandum to all the Principal District Judges to take necessary steps to publish the same on the official website of their respective judicial district immediately. 

The privacy notice, which has been issued on the administrative side, provides information on what one can do in case of any concerns regarding the use of one’s personal data — any information about an individual in the case details in which he or she is or was a party.

The court has established a grievance redressal mechanism for concerns related to personal data. People can contact the Grievance Redressal Officer (Privacy of Parties) at the High Court of Kerala for redressal of grievances.

If the concern is not addressed at the first level, an Appellate Authority (Privacy of Parties) is available for further escalation. 

The court has said the personal data comprises identifiers such as the individual's name, house name, and other similar information. This data is collected from cases, petitions, and other applications, documents filed physically and electronically.

In the notice, the court has assured that the personal data of individuals will be utilised for the administration of justice in a manner that is fair and in line with any directives from the High Court of Kerala and the Supreme Court of India, as well as the relevant laws. It has also assured that it will use reasonable safeguards to prevent unauthorized access, destruction, modification, or disclosure of data.

According to the notice, the personal data collected may be disclosed to parties in cases and their legal representatives, other courts and tribunals in the country including the Supreme Court, law reporters, the media, regulatory bodies, and the general public as and when necessary.

The court has clarified that in an open court justice system, the right to privacy cannot be claimed and the right to be forgotten would not apply to current or recent proceedings. However, in appropriate cases, the court may allow a party to erase and delete their personal data available online.

However, in family and matrimonial cases, the court has assured that the registry would not publish any personal information in any form, if parties to the proceedings insist on the same. 

"In this category of cases, the litigant has a right to seek masking of the identity or personal details being published and the court may pass appropriate orders regarding masking/publication, as the case may be," the high court administration has said in the notice.

The protection of personal data will be ensured as per the provisions of the law and various judgments of the court, the notice states. The court has also stated that in cases where the Open Court system is not recognized by law, the Registry will not publish any personal data of the parties in any form. In this regard, the court has assured the anonymity of victims in cases relating to sexual offences and offences against children. In adoption cases too, the names of the adoptive parents will be masked in court orders.