RTI may now face privacy hurdle

Times of India: New Delhi: Saturday, August 26, 2017.

The Supreme Court ruling on right to privacy being a fundamental right could lead to an uncertain impact on right to information as some activists and experts are warning that the order could leave RTI facing new challenges. Former chief information commissioner A N Tiwari said, "Privacy has been addressed by the RTI Act, under sections 8(1)(j) and Section 11.

However, the fact is that there is certain conflict between the RTI Act and the right to privacy. What is possible is that orders for disclosure will now be challenged." In fact, according to Tiwari, sections 8(1)(j) and section 11 may itself be challenged, as the definition of "public good" gets questioned. "RTI had created a weak situation for disclosure of private information.

Pressure to disclose is high in public authorities, prompting private information being disclosed for 'public good'. The use of the term is too wide. Someone is bound to challenge the definition of the term and the sections, now that right to privacy is a fundamental right," he said.

Whether a person's right to information can overrule the right to privacy is a question that has been at the heart of the RTI Act 2005.

Interestingly, the government had made provisions to safeguard privacy more than a decade ago, thus recognising it as a right, a point alluded to by the nine-judge bench that ruled that right to privacy is a fundamental right on Thursday.

Information activists also acknowledge that the SC ruling has implications for the RTI Act. Anjali Bhardwaj of Satark Nagrik Sangathan, an organisation that uses RTI frequently, said, "Experience with implementation of the RTI Act has shown that there has been an unfortunate tendency to deny information on various critical matters citing privacy concerns. In each of these cases, there is great public interest in disclosure of information."

Bhardwaj cites instances of seeking information on assets and liabilities of public servants and evaluation of their professional performance, information relating to examinations and selections and information on educational degrees.

"In a country like ours, where institutions of probity and accountability are largely ineffective in controlling corruption, experience with the RTI law has shown that it is critical for people to have access to relevant information in order to empower them to fight graft," she said.

According to ex-CIC Wajahat Habibullah, the order will have a positive fallout, especially as it defines what is privacy. "the SC ruling defines privacy, making it easier for layman to understand what is private information and thus can't be disclosed."