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.
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