Essay submitted for the purpose of Internship in CIC
Scope of Section 8(1)(j) of the RTI Act- 'Privacy' as a basis for claiming exemption
II Year, Bachelor of Legal Sciences & Bachelor of Law (B.L.S., LL.B.) Government Law College, Mumbai
Word Count: Approximately 1000 words
Scope of Section 8(1)(j) of the RTI Act- 'Privacy' as a basis for claiming exemption 1.
In a democracy like India, it is required that there be an informed citizenry and transparency of information which are vital to its functioning. It would help to contain corruption and to hold Governments and their instrumentalities accountable to the governed. However, revelation of information in actual practice is likely to conflict efficient operations of Government or might lead to disclosure of sensitive information which must be kept confidential. The biggest threat being the disclosure of information which relates to personal information, the disclosure of which has no relation to any public activity or interest, or which could cause unwarranted invasion of the privacy of the individual. The preamble to the Right to Information Act, 2005 (hereinafter ‘the Act’) rightly mentions that it is expedient to provide for certain information to citizens who desire to have it, but it is necessary to harmonise the conflicting interests as stated above while preserving the paramountcy of the democratic ideal. 2.
Sec. 8(1)(j) deals with information which relates to personal information or the disclosure of which will invade the privacy of a person. It states: “Notwithstanding anything contained in this act , there shall be no obligation to give any citizen 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 the Central Public Information officer or the State...
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