[RTI v. Right to Privacy] CIC | Under what circumstances exemption of S. 8(1)(j) of RTI Act be claimed? Commission explains the provision in respect to invasion of privacy

Central Information Commission (CIC): Amita Pandove (Information Commissioner) while addressing the present second appeal observed that the exemption of Section 8(1)(j) of the RTI Act can only be claimed when the information sought relates to the personal information of a third party.

Information Sought

Appellant had sought certified copies of the delivery sheet of the article/ registered speed post letter along with the date and time and name of the postman who delivered the same to the concerned authorities.

CPIO denied the information under Section 8(1)(j) of the RTI Act, 2005.

Section 8 of the RTI Act, 2005 talks about Exemption 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 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:

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

On being dissatisfied, the first appeal was sought and on the ground of unsatisfactory reply in the first appeal from the respondent, Second Appeal was filed under Section 19 of the RTI Act.

Section 19: Appeal

(1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of Section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:

Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under Section 11 to disclose third-party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.

(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission:

Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.

(5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.

(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

(7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.

(8) In its decision, Central Information Commission or State Information Commission, as the case may be, has the power to—

(a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—

(i) by providing access to information, if so requested, in a particular form;

(ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;

(iii) by publishing certain information or categories of information;

(iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records;

(v) by enhancing the provision of training on the right to information for its officials;

(vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of Section 4;

(b) require the public authority to compensate the complainant for any loss or other detriment suffered;

(c) impose any of the penalties provided under this Act;

(d) reject the application.

(9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.

(10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.

Decision

Commission observed that an appropriate reply has not been furnished to the appellant.

Exemption under Section 8(1)(j) of RTI Act

Further, it was noted that the exemption of Section 8(1)(j) of the RTI Act can only be claimed when the information sought relates to the personal information of a third party, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third party.

In the present matter, the bench noted that the information sought was not the personal information of a third party, hence exemption Section 8(1)(j) of the RTI Act would not be applicable in the present case.

While disposing of the present appeal and considering the above-noted facts, along with the fact that RTI Act supersedes any departmental rules, the Commission directed the respondent to furnish due information to the appellant. [S. Muthumalai v. CPIO, 2020 SCC OnLine CIC 946, decided on 17-09-2020]