Karnataka High Court Upholds RTI Exemptions for Sensitive Information

Petitioner's request for accused's passport details dismissed under RTI Act provisions safeguarding privacy and investigation integrity.

In a significant ruling, the Karnataka High Court has reaffirmed the limitations on disclosure of sensitive personal information under the Right to Information (RTI) Act, 2005. The judgment, delivered by Justice Suraj Govindaraj, dismissed a writ petition filed by Prakash Chimanlal Sheth challenging the rejection of his RTI request concerning the passport details and lookout circular (LOC) of an accused in a case he filed under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner had sought copies of the accused's passport, details of the LOC issued against him, and records of his detention and release at Mumbai International Airport. These requests were initially denied by the police on grounds of privacy and security, citing Sections 8(1)(g) and 8(1)(h) of the RTI Act. These sections exempt from disclosure any information that could endanger the life or physical safety of any person, or impede the process of investigation or prosecution.

Justice Govindaraj upheld the decisions of the lower authorities, emphasizing that the disclosure of passport details could potentially harm the individual concerned, aligning with the Supreme Court's interpretation in Justice Putswamy's case regarding privacy rights. The High Court also supported the exemption granted to special branches of district police offices from the RTI Act's purview, as specified under Section 24(4), unless allegations of corruption or human rights violations are involved.

The judgment highlighted the necessity for protecting personal data from unwarranted exposure, especially in legal proceedings. Justice Govindaraj noted that the petitioner retains the option to request document summoning through the court handling the Section 138 proceedings, allowing the judiciary to assess the necessity and relevance of such information.

This ruling underscores the judiciary's balancing act between transparency and privacy, reflecting the evolving legal landscape post the landmark privacy verdicts by the Supreme Court. The dismissal of the petition serves as a reminder of the stringent criteria under which personal information can be disclosed in legal contexts.

Bottom Line:

Right to Information Act - Exemption from disclosure of personal information like passport details under Section 8(1)(g) and Section 8(1)(h) - Information that could endanger the life or physical safety of any person or impede the process of investigation or prosecution cannot be disclosed.

Statutory provision(s):  Right To Information Act, 2005 Sections 8(1)(g), 8(1)(h), 24(4); Negotiable Instruments Act, 1881 Section 138.

Prakash Chimanlal Sheth v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2798387