Can personal information be disclosed under RTI?

Law4u App Download
Answer By law4u team

Under Indian law, personal information cannot be disclosed under the Right to Information (RTI) Act if it falls under the exemption provided in Section 8(1)(j) of the RTI Act, 2005. Key points under Section 8(1)(j): Information which relates to personal information and has no relationship to any public activity or interest, Or would cause unwarranted invasion of the privacy of the individual, Cannot be disclosed unless the Public Information Officer (PIO) is satisfied that the larger public interest justifies the disclosure. Examples of personal information generally exempted: Medical records Income tax details Bank account information Educational certificates (unless public interest is involved) ACRs (Annual Confidential Reports) of employees Personal contact information Exceptions — when it can be disclosed: If the person concerned consents to disclosure. If the information is about a public servant and disclosure is in the larger public interest, such as corruption, misuse of power, etc. Relevant case law: Girish Ramchandra Deshpande v. CIC & Ors. (2013): The Supreme Court held that service records and personal information of a government employee are exempt unless larger public interest is proven. Conclusion: No, personal information cannot be disclosed under RTI unless: The person consents, or There is a larger public interest involved that outweighs the right to privacy.

Answer By Anik

Dear Client, Personal information is generally exempted from disclosure under the Right to Information Act, 2005. Specifically, Section 8(1)(j) of the RTI Act prohibits disclosure of personal information which has no relationship to any public activity or interest, or which would cause an unwarranted invasion of the privacy of the individual, unless the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO) is satisfied that the larger public interest justifies its disclosure. However, if the requested personal information is related to a public duty or public interest (like educational qualifications of public servants, declared assets, etc.), it may be disclosed. The final decision depends on balancing the right to information with the right to privacy, guided by the facts of each case and previous rulings by the Central Information Commission and courts. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

R.T.I Related Questions

Discover clear and detailed answers to common questions about R.T.I. Learn about procedures and more in straightforward language.