THE CLASH BETWEEN RTI AND THE RIGHT TO PRIVACY:
The Conflicting Relationship & Creating Harmony
Presented by:
Anasuya Saranya Rayaprolu
Amity Law School, Delhi
GGSIP University
1
, INDEX
1. Abstract ……………… 03
2. The Right to Information ….…………… 04
2.1. What is Information? ..…………….. 04
2.2. Why is it necessary? ……………… 04
2.3. Genesis of the RTI Act ……………… 05
2.4. Why is RTI Act successful ……………… 08
2.5. RTI - not an absolute right ………………. 08
2.6. Third Party Information ……………… 09
2.7. Misuse of the Act ……………… 10
3. The Right to Privacy ………………. 10
3.1. What of Privacy ………………. 10
3.2. What is Right to Privacy? ………………. 12
3.3. RTP - not an absolute right ………………. 15
4. The Conflict between two Fundamental Rights : Conflict
management and creating harmony ………………. 16
5. Conclusion ………………. 20
2
, ABSTRACT
It is quite interesting how two of the most cherished rights, The Right to
Information and The Right to Privacy, though being poles apart, and
contradictory and antagonistic to each other, still exist together,
complementary to each other, in the Indian Legal System. Both are two
essential rights for the survival of a human being in the rapidly advancing,
modern and technical world - where, the protection of an Individual’s
privacy and Security are becoming a matter of concern. Though not
explicitly mentioned under the Constitution of India, it was through
various judgements of the apex court, held that, both the rights are a part of
the fundamental rights - wherein, The Right to Information stands as a part
of Article 19(1)(a) - Right to freedom of speech and expression, and The
Right to Privacy holds a position under the provision, which is also known
as the Heart of the Indian Constitution - Article 21: Right to Life.
The privacy of the individual is being increasingly challenged by new
technologies and trends in the society. In such a circumstance, where, it
becomes of significance to choose between two essential rights - which
one do we choose and how?
This paper deals with third party information, which includes personal
information. For a biological person, the protection of Right to Privacy is
available under Article 21 of the Constitution of India. Though such
protection is not available to other kinds of Third party information, legal
right conferred by RTI Act and other Statutes are available to those third
parties. This aspect is as important Right to Privacy. The lacuna present in
RTI Act with reference to this type of personal information is also present
and equally effecting the interests of third parties in the other types of third
party information. The problem needs to be plugged in both the cases.
In this paper, an attempt has been made to underline the importance of
both the rights, i.e., The Right to Information and The Right to Privacy,
and the various conflicts concerning their relationship, and possible
solutions to the issues concerned, after an analysis.
3
The Conflicting Relationship & Creating Harmony
Presented by:
Anasuya Saranya Rayaprolu
Amity Law School, Delhi
GGSIP University
1
, INDEX
1. Abstract ……………… 03
2. The Right to Information ….…………… 04
2.1. What is Information? ..…………….. 04
2.2. Why is it necessary? ……………… 04
2.3. Genesis of the RTI Act ……………… 05
2.4. Why is RTI Act successful ……………… 08
2.5. RTI - not an absolute right ………………. 08
2.6. Third Party Information ……………… 09
2.7. Misuse of the Act ……………… 10
3. The Right to Privacy ………………. 10
3.1. What of Privacy ………………. 10
3.2. What is Right to Privacy? ………………. 12
3.3. RTP - not an absolute right ………………. 15
4. The Conflict between two Fundamental Rights : Conflict
management and creating harmony ………………. 16
5. Conclusion ………………. 20
2
, ABSTRACT
It is quite interesting how two of the most cherished rights, The Right to
Information and The Right to Privacy, though being poles apart, and
contradictory and antagonistic to each other, still exist together,
complementary to each other, in the Indian Legal System. Both are two
essential rights for the survival of a human being in the rapidly advancing,
modern and technical world - where, the protection of an Individual’s
privacy and Security are becoming a matter of concern. Though not
explicitly mentioned under the Constitution of India, it was through
various judgements of the apex court, held that, both the rights are a part of
the fundamental rights - wherein, The Right to Information stands as a part
of Article 19(1)(a) - Right to freedom of speech and expression, and The
Right to Privacy holds a position under the provision, which is also known
as the Heart of the Indian Constitution - Article 21: Right to Life.
The privacy of the individual is being increasingly challenged by new
technologies and trends in the society. In such a circumstance, where, it
becomes of significance to choose between two essential rights - which
one do we choose and how?
This paper deals with third party information, which includes personal
information. For a biological person, the protection of Right to Privacy is
available under Article 21 of the Constitution of India. Though such
protection is not available to other kinds of Third party information, legal
right conferred by RTI Act and other Statutes are available to those third
parties. This aspect is as important Right to Privacy. The lacuna present in
RTI Act with reference to this type of personal information is also present
and equally effecting the interests of third parties in the other types of third
party information. The problem needs to be plugged in both the cases.
In this paper, an attempt has been made to underline the importance of
both the rights, i.e., The Right to Information and The Right to Privacy,
and the various conflicts concerning their relationship, and possible
solutions to the issues concerned, after an analysis.
3
