Data Protection based Amendments to RTI

Transcript:Data Protection based Amendments to RTI:
Data Protection based Amendments to RTI Yashovardhan Azad M Sridhar Acharyulu Information Commissioners 12.10.2018 Analysis of 8(1)(j) 1. There can be seven occasions even if information sought was personal it could be given under this exception: 2. The information relates to public activity, 3. The information relates to public interest, 4. The information disclosure will not cause unwarranted invasion of privacy of that individual, 5. Though information is personal, not related to public activity or interest, if larger public interest justifies such disclosure, 6. Though information is personal and its disclosure could cause unwarranted invasion of privacy it could still be disclosed if larger public interest justifies, Section 8(2) 7. Though information is personal, not related to public activity or interest, disclosure causes unwarranted invasion of privacy of the individual, no larger public interest involved, yet it could be given to citizen if it can be furnished to the Parliament or State Legislature. 8. Though information is personal, not related to public activity or interest, disclosure causes unwarranted invasion of privacy of the individual, it could still be given if public interest in disclosure outweighs the public interest in its non-disclosure. 9. Proviso to Section 8(1) of RTI Act, 2005 at the end 10. Sec 8(2) of RTI Act, 2005 competitive public interest Expanding scope of restriction Girish Ramachandra Deshpande 2013 Canara Bank transfer case. 2017 Office Memorandum of DoPT Even Privacy Judgment mentioned Girish Confirmed in Canara Bank case, only based on Girish. A dismissal of SLP is wrongly being considered as Precedent. Srikrishna’s Replacement proposal Expands right to privacy of public servants without defining it The Justice Srikrishna Committee recommending additional grounds. Loose expressions, wide open criterion This can undo the positive gains of RTI Act. ‘Likely’ and ‘harm’ 1. protect public servant from any likely harm by disclosure. Both ‘likely’ and ‘harm’ are open ended. “(j) information which relates to personal data which is likely to cause harm to a data principal, where such harm outweighs the public interest in accessing such information having due regard to the common good of promoting transparency and accountability in the functioning of the public authority; Harmful ‘harm’ Section 3 (21) says: “Harm” includes— (i) bodily or mental injury; (ii) loss, distortion or theft of identity; (iii) financial loss or loss of property, (iv) loss of reputation, or humiliation; (v) loss of employment; (vi) any discriminatory treatment; (vii) any subjection to