A few spirited chartered accountants came together on Monday and had a dialogue on the Right to Information (RTI) Act being an important tool for citizens. They questioned if the legislation was being used to the fullest and whether it was contradicting the Right to Privacy.
The discussion was made at a talk organised by the Bombay Chartered Accountants’ Society titled, The Right to Information Act has 10 exemptions but around 50% of the rejections are on the grounds of privacy.
The panel discussion was chaired by Retired Justice Abhay Thipsay of the Bombay High Court, senior counsel and former Advocate General of the High Court V.A. Thorat, and former Central Information Commissioner Shailesh Gandhi.
The panellists discussed if it was legally justified to reject queries on grounds of privacy. Mr. Thorat said, “We can bridge the gap between privacy and information because whichever is the authority or court, ultimately law applies to the information sought. What must first be seen is, whether information is sought for legitimate purpose and if it results in invasion of privacy. The image of an individual should not be tarnished and information should not be permitted to an extent where it can be misused.”
Mr. Gandhi, a strong proponent of RTI, said, “The concept of misuse of information is flawed. The law is not different from case to case. It has to be definitive and reasonable. When I seek information, what harm can I do? Because I can only ask for information which is on the record and privacy must be interpreted based on the Constitution of India under Article 19 (2) [freedom of speech and expression].”
Mr. Thipsay, however, said, “The Supreme Court has to decide on the basis of the intentions of the legislator. Usually matters that come to courts are complex and judges decide accordingly. I agree that one must keep all fundamental rights in mind and certain information must be open to all that comes in the public domain. However, the right to privacy needs to be respected.”