विधी साक्षरता | Legal Literacy | Transperancy|Accountability|Privacy

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वैयक्तिक माहिती द्यावी किंवा नाही ? |
Whether or not to give Personal Information under RTI Act
Transparency vs Privacy
• The tension between an individual's right to privacy the – Article 19(1)(a) of Constitution….and
• public's right to obtain government-held information represents a conflict between two vital democratic values --- Article 21 of Constitution
Exemptions from Disclosure of Information
(j) 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 PIO is satisfied that the larger public interest justifies the disclosure of such information:
The information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
Personal Information
• One RTI applicant had sought
• copies of memos,
• show cause notices and censure/punishment awarded
• also details of his investments, lendings, borrowing, gifts received movable and immovable properties.
• The information sought for usually finds a place in the income tax returns.
Case reached Supreme Court
• In this regard, the question that came up for consideration before the Supreme Court was whether the above-mentioned information sought for qualified to be "personal information" as defined in clause (j) of Section 8(1) of the RTI Act.
The Supreme Court dismissed the plea of petitioner on following grounds
• The performance of an employee/officer in an organization is primarily a matter between the employee and the employer, the disclosure of which has no relationship to any public activity or public interest;
• Thus, the details called for by the petitioner, i.e., copies of all memos issued, show cause notices and orders of censure/punishment etc. was qualified to be 'personal information' which was exempted from disclosure;
• The details disclosed by a person in his income tax return were also "personal information" and thus exempted from disclosure;
• The disclosure of personal information could cause unwarranted invasion of privacy of that individual. However, the disclosure is possible only if the larger public interest justifies the disclosure of such information.
• Source : Supreme Court - Special Leave Petition (Civil) No. 27734 of 2012 (@ CC 14781/2012) Girish Ramchandra Deshpande vs. Central Information Commission (2012) 25 taxmann.com 525 (SC)
The Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal) Act, 2013
Section 16 : Prohibition of publication or making known contents of complaint and inquiry proceedings.—Notwithstanding anything contained in the Right to Information Act, 2005 (22 of 2005), the contents of the complaint made under section 9, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner:
• Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.