Friday, August 25, 2017

RTI activists fear privacy right shield : Anita Joshua

The Telegraph: New Delhi: Friday, August 25, 2017.
Advocates of transparency have a new worry amid the euphoria over the privacy verdict - the possibility of information commissioners citing the new fundamental right to deny answers under the Right to Information (RTI) Act.
As it is, RTI activists have had to contend with commissioners using Section 8(1)(j) of the RTI Act to refuse information on the premise that it infringes upon a person's privacy. The section is an exemption clause in the Act, and official data show it is the most commonly used reason for refusing information.
The section is about "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 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".
Today's verdict, according to former central information commissioner Shailesh Gandhi, "will have a major impact on the freedom of expression" as what is covered by privacy will be prohibited from being published or revealed under the RTI Act.
Lawyers contend that since both the right to know and the right to privacy have constitutional backing, an effort ought to be made to strike a balance between the two as they are integral to a vibrant democracy.
Activists on the ground know they have a bigger battle ahead, given their experience with the RTI exemption clause.
Anjali Bhardwaj of Satark Nagrik Sangathan told The Telegraph that there could be a greater reliance now on the privacy clause to deny information, especially in sensitive cases.
One case where the RTI's privacy clause was cited among the reasons for refusing information was the application for information on Prime Minister Narendra Modi's educational qualifications.
Venkatesh Nayak of the Commonwealth Human Rights Initiative also harboured similar concerns. "I celebrate the right to privacy but it is important to balance it with the people's right to know," he said.
According to him, data published by the Central Information Commission year after year have shown that privacy and protection of personal information are the most frequently used exemptions to reject RTI applications across public authorities at the Centre. And, similar trends are visible in several states too, Nayak said.