Neither the right to privacy nor the right to information

Privacy and information are two essential aspects of human life. They are also two fundamental rights that are recognized and protected by various national and international laws. However, these two rights are not absolute and may sometimes come into conflict with each other. In this article, we will explore the meaning, scope, and challenges of the right to privacy and the right to information in India, and how they can be balanced and harmonized.

What is the right to privacy?

The right to privacy can be defined as the right of a person to be free from unwarranted or arbitrary interference with his or her personal matters, such as family, home, correspondence, reputation, etc. The right to privacy also includes the right to personal autonomy, which means the right to make choices about one's own life without external coercion or influence.

The right to privacy is not explicitly mentioned in the Constitution of India, but it has been derived from other fundamental rights, such as the right to life and personal liberty under Article 21, and the right to freedom of expression under Article 19(1)(a). The Supreme Court of India has declared the right to privacy as a fundamental right in several landmark judgments, such as Kharak Singh v. State of U.P. (1964), R. Rajagopal v. State of T.N. (1994), and K.S. Puttaswamy v. Union of India (2017).

The right to privacy covers various aspects of human life, such as:

- Matters concerning family, marriage, procreation, sexual orientation, gender identity, etc.

- Matters concerning health, medical records, bodily integrity, etc.

- Matters concerning education, profession, career, etc.

- Matters concerning reputation, honor, dignity, etc.

- Matters concerning personal data, online activity, digital identity, etc.

The right to privacy is not an absolute right and may be subject to reasonable restrictions by the state for the purposes of national security, public order, public health, public morality, or other compelling public interests. However, such restrictions must be based on a valid law that is clear, specific, and proportionate to the objective sought to be achieved.

What is the right to information?

The right to information can be defined as the right of a person to access information held by public authorities or bodies that perform public functions. The right to information is based on the principle of transparency and accountability in governance and democracy. The right to information enables citizens to participate in decision-making processes, monitor the performance of public officials and institutions, expose corruption and malpractices, and demand justice and remedies.

The right to information is explicitly guaranteed by Article 19(1)(a) of the Constitution of India, which grants the freedom of speech and expression to all citizens. The Supreme Court of India has held that the freedom of speech and expression includes the right to receive and impart information. The Parliament of India enacted the Right to Information Act in 2005 to operationalize this constitutional right and provide a legal framework for citizens to access information from public authorities.

The Right to Information Act covers various aspects of public information, such as:

- Records, documents, reports, memos, emails, opinions, advices,

- Circulars, orders, contracts, agreements,

- Samples, models,

- Data material held in any electronic form,

- Information relating to any private body which can be accessed by a public authority under any law.

The Right to Information Act also imposes certain obligations on public authorities, such as:

- Maintaining and publishing records and information suo moto,

- Designating Public Information Officers (PIOs) and Appellate Authorities (AAs),

- Responding to requests for information within specified time limits,

- Providing information in the form and manner requested,

- Charging reasonable fees for providing information.

The Right to Information Act also provides for certain exemptions from disclosure of information under certain circumstances,

such as:

- Information affecting the sovereignty and integrity of India,

- Information affecting the security or strategic interests of India,

- Information affecting relations with foreign states or international organizations,

- Information affecting the economic or scientific interests of India,

- Information affecting law enforcement or investigation proceedings,

- Information affecting personal privacy or confidentiality,

- Information protected by intellectual property rights or trade secrets,

- Information prohibited by any court or tribunal order.

How can the right to privacy and the right to information be balanced?

The right to privacy and the right to information are both essential for ensuring human dignity and democracy. However,

they may sometimes come into conflict with each other when there is a demand for access to personal information held by public authorities. For example,

- A citizen may seek information about the assets or income of a public servant under the Right to Information Act,

- A journalist may seek information about the health or family affairs of a public figure under the freedom of expression,

- A researcher may seek information about the personal data or online activity of a group of individuals under the public interest.

In such cases, how can the right to privacy and the right to information be reconciled and harmonized? There is no simple or universal answer to this question, as it depends on the facts and circumstances of each case. However, some general principles and guidelines that may be followed are:

- The right to privacy and the right to information are not mutually exclusive or antagonistic, but complementary and interdependent. They both aim to protect and promote human rights and public interests.

- The right to privacy and the right to information are not absolute or unlimited, but subject to reasonable restrictions and exceptions. They both have to be balanced with other rights and interests, such as national security, public order, public health, public morality, etc.

- The right to privacy and the right to information have to be interpreted and applied in a manner that is consistent with the constitutional values and objectives, such as justice, liberty, equality, fraternity, etc.

- The right to privacy and the right to information have to be assessed and weighed on a case-by-case basis, taking into account various factors, such as the nature and purpose of the information sought or withheld, the source and holder of the information, the impact and consequences of disclosing or withholding the information, the availability and adequacy of alternative sources or methods of obtaining or protecting the information, etc.

- The right to privacy and the right to information have to be exercised and enforced in a manner that is fair, transparent, accountable, and respectful of the rights and interests of all parties involved. They both require a due process of law that ensures access to information as well as protection of privacy.

Conclusion

The right to privacy and the right to information are two vital rights that enable citizens to live with dignity and participate in democracy. However, they may sometimes pose challenges and dilemmas when they conflict with each other or with other rights and interests. Therefore, it is important to understand the meaning, scope, and limitations of these rights, and to balance and harmonize them in a way that respects and promotes human rights and public interests.

Source: 

(1) Right to information vs right to privacy - iPleaders. https://blog.ipleaders.in/right-to-information-vs-right-to-privacy/.

(2) Right To Privacy And Right To Information: Ambit And ... - Lawyersclubindia. https://www.lawyersclubindia.com/articles/right-to-privacy-and-right-to-information-ambit-and-conflict-between-the-two-14091.asp.

(3) Neither the right to privacy nor the right to information. https://www.thehindu.com/opinion/op-ed/neither-the-right-to-privacy-nor-the-right-to-information/article67169097.ece.

(4) undefined. https://rb.gy/hsjx8u.

(5) undefined. https://bing.com/search?q=.

FAQ's

What is the right to information?

Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Right to Information also empowers citizens to official inspect any Government work or to take the sample of material used in any work.

What is the right to information in India?

An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and ...

What is right to information and its features?

Salient Features of the Right to Information Act, 2005 All citizens shall have the right to information, subject to provisions of the Act. The Public Information Officers/Assistant Public Information Officers will be responsible to deal with the requests for information and also to assist persons seeking information.

Is RTI a fundamental right?

The right to information is a fundamental right under Article 19 (1) of the Indian Constitution. In 1976, in the Raj Narain vs the State of Uttar Pradesh case, the Supreme Court ruled that Right to information will be treated as a fundamental right under article 19.