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The working reference for India's Right to Information Act, 2005.

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explanations:privacy
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explanations:privacy [2017/05/03 01:40] Shrawanexplanations:privacy [2026/04/20 01:14] (current) – external edit 127.0.0.1
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 ====== What is Privacy under RTI ====== ====== What is Privacy under RTI ======
  
-Under Section 8 (1) (j) information which has been exempted is defined as: "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:"+{{htmlmetatags>metatag-keywords=(explanations privacy rti right to information india) 
 +metatag-description=(Under Section 8 (1) (j) information which has been exempted is defined as: "information which relates to personal information the disclosure of which has no...)}} 
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 +<WRAP center round info 95%> 
 +**In one line.** Privacy under the RTI Act is principally the shield in **Section 8(1)(j)** — personal information that has no relationship to public activity or interest, or would cause unwarranted invasion of privacy. 
 + 
 +**What that means in practice.** 
 +  * **14 November 2025 amendment** removed the proviso that information not deniable to Parliament cannot be denied to a citizen. 
 +  * The override now runs only through **Section 8(2)** — public interest must be specifically invoked. 
 +  * //K.S. Puttaswamy// (2017) recognised privacy as a fundamental right — this strengthens the 8(1)(j) shield. 
 +</WRAP> 
 + 
 +{{page>_snippets:dpdp-banner}} 
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 +Under Section 8 (1) (j) [[explanations:information|information]] which has been exempted is defined as: "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 [[explanations:public-interest|public interest]] justifies the disclosure of such information:"
  
 ===== Criterion ===== ===== Criterion =====
-When a citizen is seeking information about his own case, there is no intrusion into the privacy of his case for denying the information.((Decision in Appeal No. CIC/WB/A/2006/00469; & 00394 -Shri Rakesh Kumar Singh Vs Lok Sabha Secretariat)) Personal information mean about a third party. [[:act|Section 8(1)(j)]] can be applied only when some one is seeking information about a [[explanations:third-party|third party]] and there will be **an element of invasion of privacy**. +When a citizen is seeking information about his own case, there is no intrusion into the privacy of his case for denying the information.((Decision in Appeal No. CIC/WB/A/2006/00469; & 00394 -Shri Rakesh Kumar Singh Vs Lok Sabha Secretariat)) Personal information mean about a [[explanations:third-party|third party]]. [[:act|Section 8(1)(j)]] can be applied only when some one is seeking information about a [[explanations:third-party|third party]] and there will be **an element of invasion of privacy**. 
  
 CIC Defined “Invasion of Privacy” as <wrap em>//“One, who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.”//</wrap>  CIC Defined “Invasion of Privacy” as <wrap em>//“One, who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.”//</wrap> 
  
-A personal information must be saved from being made public by the public authority which happens to receive such information. It is to be remembered that a **personal information does not cease to be personal just because it is delivered into the care of the public authority by the individual such information**. +A personal information must be saved from being made public by the [[explanations:public-authority|public authority]] which happens to receive such information. It is to be remembered that a **personal information does not cease to be personal just because it is delivered into the care of the public authority by the individual such information**. 
  
-Commission also cannot be oblivious to the fact that personal information, when allowed to be accessed by third parties has the potentially to expose the owner of such information to mischief, harassment, intimidation, defamation and worse. The boundaries of personal/private domains must never be allowed to be breached and, if at all breached, must be for compelling reasons, cautiously, carefully and responsibly evaluated by a competent authority as the Act can't be so interpeted as to allow poaching by third parties into personal domains (([[http://www.lawyersclubindia.com/articles/Scope-of-Section-8-1-j-of-The-RTI-Act-2005-Privacy-as-abuse-for-claiming-exemption-3768.asp|Mukesh Shukla]] ))+Commission also cannot be oblivious to the fact that personal information, when allowed to be accessed by third parties has the potentially to expose the owner of such information to mischief, harassment, intimidation, defamation and worse. The boundaries of personal/private domains must never be allowed to be breached and, if at all breached, must be for compelling reasons, cautiously, carefully and responsibly evaluated by a [[explanations:competent-authority|competent authority]] as the Act can't be so interpeted as to allow poaching by third parties into personal domains (([[http://www.lawyersclubindia.com/articles/Scope-of-Section-8-1-j-of-The-RTI-Act-2005-Privacy-as-abuse-for-claiming-exemption-3768.asp|Mukesh Shukla]] ))
  
 To qualify for this exemption the information must satisfy the following criteria ((REFERENCE: Bishamber Dayal Tyagi v PIO, Delhi Jal Board, Decision No. CIC/SG/A/2009/000172/3092)): To qualify for this exemption the information must satisfy the following criteria ((REFERENCE: Bishamber Dayal Tyagi v PIO, Delhi Jal Board, Decision No. CIC/SG/A/2009/000172/3092)):
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 +<WRAP center round help 95%>
 +**New to RTI? File your first application in ten minutes.** See [[:file-rti-online-india|How to File RTI Online in India — 2026 Step-by-Step Guide]] with a ready-to-use English and Hindi template, the Rs 10 online fee flow, and the appeal path.
 +</WRAP>
 +
 +===== Related =====
 +
 +  * [[explanations:investigation-under-rti|Investigation/Inquiry reports under RTI]].
 +  * [[explanations:vicarious-liability|Vicarious Liability]].
 +  * [[explanations:composite-petition|Composite Petition under RTI Act]].
 +  * [[explanations:privacy-public-servants|Privacy Rights of Public Servants]].
 +  * [[explanations:substantially-financed|Substantially Financed]].
 +
 +{{tag>rti explanations}}
  
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explanations/privacy.txt · Last modified: by 127.0.0.1