In the Indian legal system, RTI (right to information) and right to privacy are both very important rights. Though both are poles apart and have a very conflicting and unfriendly relationship with each other, they still exist together and compliment each other. Both of the rights are very important for the human being, as there is a massive need for the protection of an individual's privacy and security. In this rapidly growing and advancing technical world, it's a major matter of concern.

Though in the Constitution of India it's not precisely mentioned, through the various judgments of the apex court it was held that both the rights, i.e., the RTI and the right to privacy, are part of Indian Constitution Part 3 of fundamental rights, where the RTI stands as a part of Article 19(1)(a): Right to freedom of speech and expression, and the right to privacy is mentioned under Article 21: Protection of life and liberty.

What Is Information?

According to Section 2(f)[1] of The Right to Information Act, 2002, "information" means any material in any form, including records, documents, memos, e-mails, opinions, advice, press releases, circulars, and orders preserved in any electronic form, as well as information owned by any private body that a public authority can get under any other law now in effect.

Every citizen has a right to receive information as part of his right to know. The right to information is important for self-expression, which is an important means of a free conscience.

Genesis Of Rti Act 2005

The Right to Information Act, 2005 (RTI) is a central legislation to provide the particular scheme of right to information for citizens. The Right to Information Bill, 2005 was enacted by the Lok Sabha and Rajya Sabha in May 2005, approved by the President of India on June 15, 2005, and went into effect on October 12, 2005. This statute has replaced the Freedom of Information Act of 2002. The RTI Bill aims to promote performance and efficiency in governance, benefit all sections of society, eliminate corruption, prioritize the common man's concerns, and fulfill the hopes of the Republic's founding fathers. The basic objective of this act is to guarantee that individuals have access to information and to encourage information transparency. One basis for the right to information is the Indian Constitution of 1950.

In the case of Bennett Coleman & Co. & Ors vs. Union of India [2], the Hon'ble Supreme Court of India said that the right to information is an integral part of Article 19.

RTI is not an absolute right

Absolute power, if provided in the hands of any individuals, not only comes with the right or the power but also with the power to misuse it or abuse it. So there is a need to strike a balance between right and no right. There is a need for some limitations or restrictions. As not all information relating to the government can be revealed, just because a person asks for such information under the RTI act may put the greater public at risk. Section 8[3] of the RTI Act 2005 states that exemption from disclosure of information.

Misuse of the RTI ACT

The Right to Information Act is a fine statute, but it is being exploited," says S. H. Kapadia, Chief Justice of India (2010-2012). In some cases, the RTI act is misused.

• To harass the public authorities
• To know the secrets of the competitors
• It has been misused for the promotion of self-interest like a survey or research, transfer, promotion, etc.
• RTI has that potential that it can be misused for spying activities.

This act does not have any kind of strict penal provisions.

The Right To Privacy: What Is The Right To Privacy?

Privacy: Privacy is defined as "the quality or state of being piecemeal from company or observation" or "freedom from unauthorized intrusion."

The right to privacy is an aspect of human dignity; it basically helps an individual to protect his individuality, what is his personal, and that can be accessed or not. The right to privacy is defined under Article 21 of the Indian Constitution, which states, "Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except in accordance with the method provided by law." The right to privacy is not an express right granted by the Indian Constitution of 1950, but rather one that is implicit in Article 21.

Every individual has a private life and the right to privacy, which aims to confer on each one of them the right to be left alone and create his own private space that is free from the intervention of a third person. " The right to privacy has been recognized under 12 of the UDHR (Universal Declaration of Human Rights), which states, "No bone shall be subordinated to arbitrary hindrance with his sequestration, family, home, or correspondence, nor to attack upon his proprietor and character."

Composition 8 of the European Convention on Human Rights, 1950, states 26 that "Everyone has the right to admire for his private and family life, his home, and his correspondence; there shall be no hindrance by a public authority except similar as is in agreement with law and is necessary in a popular society in the interests of public security, public safety, or the profitable well-being of the country, for the protection of the rights and freedoms of others.

"In the case of People Union For Civil Liberties Vs. Union Of India." In this case, the SC held that the telephone tapping by the government under Sec. 5(2) of TELEGRAPH ACT 1885 amounts to a violation of Art. 21 of the Constitution of India. The right to privacy is a part of the right to life and personal liberty provided under Art. 2l of the constitution. They said rights cannot be curtailed except according to procedures established by law.

In the case of Kharak Singh vs. The State of Uttar Pradesh, the Supreme Court recognized, 27 for the first time, that Article 21 of the Indian Constitution includes an implied right to privacy. The Court ruled that while the right to privacy is an essential component of the right to life, it remains ambiguous in the absence of clear-cut laws.

Right To Privacy Is Not An Absolute Right.
As we have already discussed above, no right is an absolute right, as it also comes with the power to misuse or abuse the same. Everything comes with certain restrictions and limitations. Similarly, the right to privacy is bound by specific restrictions. Although the right to privacy is a crucial part of fundamental rights guaranteed under the constitution, there are still specific laws that can override this in situations where the larger public interest is involved.

Conflict Between Rti And Right To Privacy
These two fundamental rights are guaranteed under the constitution of India, that is, the right to information and the right to privacy. These rights are fundamental rights, but when we observe their nature, they are very different from each other and contradictory. But even in the absence of one of these rights, it could make a person suffer, so both rights are essential for a person to survive.

There's a fine balance needed to be maintained between the right to information and the right to sequestration, which stems out of the abecedarian right to life and liberty. The citizens' right to know should surely be circumscribed if exposure of information encroaches upon someone's particular sequestration.

Choosing one between the two fundamental rights is quite a complex task, as both rights are essential to human beings. When the question of a of a mix of the contradicting rights arises, it should be made sure that whatever the answer is, it should provide justice to the larger public interest. Moreover, where there is a clash between the two rights, that is, RTI and Right to Privacy, the right that would advance the public morality or public interest would alone be enforced for the reason that moral consideration cannot be kept at stake.

When the government collects information from the citizens for different purposes, like duty evaluation, identification attestations, or if there are any citizen lines for access to the records, it's also in contradiction with each other as the citizens' right to sequestration is violated if the right to information is followed. This contradiction tends to occur when a citizen seeks particular information relating to a third party. In this case, there's a clash, and there exists a need to strike a common cord between the two.

This came up as a major issue while framing Section 8(1)(j) of the Right to Information Act, as exposure can't be granted on the grounds of information of a particular nature being made given if it intrudes into the sequestration of the individual. There has been a conflict between the RTI and the right to privacy, which is said to be in question due to some misinterpretation that shall be protected.

Conclusion
In this exploration paper we've talked about the clash between two abecedarian rights that have been guaranteed to the citizen of India, mentioned under Part 3 of the Constitution of India, 1950, which are RTI, which is implicitly a part of Composition 19(1)(a), and right to sequestration, which is a part of Composition 21(right to life). The right to information helps produce transparency in the functionalities of the government; the right to sequestration helps in creating a line of difference between "the public" and "the private,", and "what information should be bared" and "what information shouldn't be bared.".

Although there isn't an easy result to balance between two rights, most of the issues can be relieved through the enactment of clear descriptions in legislation and guidelines. Since no rights are absolute rights, including the right to sequestration, over all we'd like to conclude that public authority should deal with the written request under RTI. Eventually we'd like to submit that both the rights are inversely rudiments and should co-occur in the system of the government, there shall be a safe balance between the two, which would drop the conflicts.

End-Notes:

1. Section 2, RTI Act, 2005: https://indiankanoon.org/doc/277989/
2. Bennett Coleman & Co. & ors vs. Union of India & Ors 1973 AIR 106, 1973 SCR (2) 757
3. https://rti.gov.in

Written By: Nandani Singh, Lloyd Law College 2020-2025

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• The Interplay And Consonance Between RTI And Right To Privacy