PM CARES Fund Has Right to Privacy Under RTI Act: Delhi High Court

In an important legal observation, the Delhi High Court stated that the PM CARES Fund enjoys the right to privacy under the Right to Information Act. The court clarified that entities performing public functions do not automatically lose privacy protection. This ruling has implications for transparency laws, third party rights and interpretation of exemptions under the RTI Act.

Why in News?

The Delhi High Court ruled that the PM CARES Fund is entitled to privacy protection under the Right to Information (RTI) Act, even if it is considered a public authority.

Key Observation of the Delhi High Court

• The ruling was made by a Division Bench led by Chief Justice Devendra Kumar Upadhyaya, along with Justice Tejas Karia.
• The court observed that being a public entity or discharging public functions does not automatically eliminate the right to privacy.
• It emphasized that the PM CARES Fund, even if treated as “State”, remains a juristic personality and therefore cannot be denied privacy rights merely because of government control or supervision.

Legal Basis: Section 8(1)(j) of RTI Act

• The court’s reasoning relied on Section 8(1)(j) of the RTI Act, which exempts disclosure of personal or third party information unless a larger public interest is established.
• The bench clarified that this right to privacy is statutory, not derived from Article 21 of the Constitution.
• It applies equally to all third parties under RTI, regardless of whether they are public or private entities.

Third Party Rights Explained by the Court

• The court explained that RTI law does not distinguish between public and private third parties.
• Whether an entity is a trust, society, cooperative body or private individual, its information cannot be disclosed without following due process.
• The bench used examples such as schools or clubs run by trusts to explain that notice to third parties is mandatory before disclosure.
• Thus, public character alone does not nullify privacy rights under RTI.

Background of the Case

• The case arose from an RTI application filed by Girish Mittal, who sought disclosure of documents submitted by the PM CARES Fund to claim tax exemptions.
• The Central Information Commission (CIC) had earlier directed the Income Tax Department to disclose the information.
• However, a single judge of the Delhi High Court later set aside this direction, leading Mittal to approach the Division Bench in appeal.

Background of RTI Act and Privacy

• The Right to Information Act, 2005 promotes transparency but also protects sensitive and third-party information.
• Section 8 lists exemptions where disclosure is not mandatory, balancing transparency with privacy and institutional autonomy.

Key Summary at a Glance

Question

Q. The Delhi High Court cited which section of the RTI Act to uphold privacy?

A. Section 6
B. Section 7
C. Section 8(1)(j)
D. Section 11