Personal Information under RTI Act

PERSONAL INFORMATION UNDER RTI ACT 2005

Personal information of citizens is protected from disclosure, subject to certain conditions, under section 8.1.j which reads as:

“information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person”

This section provides protection of such personal information from public exposure, the disclosure of which has no relationship to any public activity or interest or which would cause unwarranted invasion of the privacy of the individual, unless a larger public interest justifies the disclosure of such information.

Let us understand by an example:

Seeking details of bank transactions of a citizen would amount to causing intrusion in privacy of that person, since this information has no relation to any public activity or public interest. It is purely personal information. However, if account holder gets involved in fraud or corruption, these details can be obtained under RTI Act in view of larger public interest.

Personal information of an individual can be revealed under RTI Act under following circumstances:

01. There is overriding larger public interest, for example if a Govt. employee has committed fraud, then his personal information connected to fraud can also be revealed.

02. If the information relates to public or official duties of the individual like transfers, promotion, salary, disciplinary action etc

03. If the information cannot be denied to Parliament or State Legislature.

04. This section will not apply to non-individual entities like companies or govt. departments or NGOs or trusts or Ltd companies or societies or organizations.

05. If information is routinely collected as part of public activity say for example application for job or license etc.

06. Information is connected to public activity of the person whose information is sought or involves public interest e.g. action taken report on charges or complaints.

07. Information relates to the applicant himself [like copy of ACR or evaluated answer sheets in exams etc] and he seeks the same under RTI.

08. Information is already in public domain.

09. Information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made.

10. If PIO or Appellate Authority cannot justify why information should not be revealed. Just mentioning section will not suffice. Hence speaking order is a must. Burden to justify his decision rests with PIO.

11. If public interest in disclosure outweighs the harm to the protected interests. [Note: Public interest, in common parlance, is understood to mean an act beneficial to general public, as against the word ‘personal’ which connotes private and individual affairs.   [ Babu Ram Verma Vs State of UP, (1971) 2 Serv. L.R. 659]

12. If information has been disclosed to the public authority as a part of public activity. When a citizen provides information in discharge of a statutory obligation, it is a disclosure as a part of public activity. The same cannot be exempted under this clause. [CIC/WB/A/2008/00993 dated 16-3-2009]

13. Information disclosure of which has relationship to public activity or interest.

Note: The phrase 'disclosure of which has no relationship to any public activity or interest' means that the information must have been given in the course of a public activity. Various Public authorities in performing their functions routinely ask for 'personal' information from Citizens, and this is clearly a public activity. When a person applies for a job, or gives information about himself to a public authority as an employee, or asks for a permission, licence or authorisation, all these are public activities. Also when a Citizen provides information in discharge of a statutory obligation this too is a public activity. [CIC/SM/A/2010/001634/SG/14617 dated 05-10-2011]

Important decision of CIC:

CIC/WB/A/2007/00178 dated 30-01-2008

CIC/WB/A/2008/00993 dated 16-3-2009

CIC/AT/A/2008/00707 dated 22-02-2010

CIC/SM/A/2011/000347/SG/13530 dated 19-07-2011

CIC/SM/A/2011/000001/SG/14171 dated 19-08-2011

CIC/SM/A/2010/001634/SG/14617 dated 05-10-2011

Court judgements:

1. Dated 30-08-2010 of High Court of Kerala in WP(C).No. 6532 of 2006(C): TREESA IRISH v/s CPIO

2. Dated 17-04-2008 of High Court of Madras in W.P. No.47897 of 2006: R.ANBAZHAGAN v/s TN State Information Commission and others

3. Dated 04-11-2009 of Delhi High Court

WRIT PETITION (CIVIL) No. 8524 OF 2009:

RAJINDER JAINA VERSUS CENTRAL INFORMATION COMMISSION

4. Dated 03-10-2012 of Supreme Court in Special Leave Petition (Civil) No. 27734 of 2012 (@ CC 14781/2012) : Girish Ramchandra Deshpande V/s Central. Information Commissioner & Ors