Case Note & Summary
The petitioner, Saket S. Gokhale, a former journalist and social activist, filed an RTI application on 27 October 2019 with the Ministry of Youth and Sports Affairs seeking details about a government campaign. The application was transferred to the Ministry of Information and Broadcasting on 27 November 2019. Subsequently, the petitioner faced threats and harassment, including phone calls and a mob gathering outside his residence. He discovered that the Ministry of Information and Broadcasting had uploaded his RTI application on its website, revealing his personal address and telephone number, which became accessible via search engines. On 3 August 2020, he filed a writ petition seeking removal of his personal details from the website and damages for mental agony. The court noted that the respondent removed the data from 1 August 2020, as stated in the reply affidavit. The court held that the disclosure of personal information in an RTI application on a public website violates the right to privacy under Article 21 of the Constitution. The court directed the respondent to ensure that no personal details of the petitioner remain on the website and to take steps to prevent such disclosures in the future. The court also observed that the petitioner may pursue damages through appropriate civil proceedings.
Headnote
A) Right to Information - Privacy - Disclosure of Personal Data - Right to Information Act, 2005, Section 8(1)(j) - The court considered whether uploading an RTI application containing personal details such as address and phone number on a public website violates the right to privacy. Held that such disclosure is a breach of privacy and the information must be removed. (Paras 2-5) B) Constitutional Law - Right to Privacy - Article 21 of the Constitution of India - The court examined the right to privacy in the context of personal data being made public without consent. Held that the right to privacy is a fundamental right and its violation requires redressal. (Paras 2-5)
Issue of Consideration
Whether the disclosure of personal details of an RTI applicant on a public website violates the right to privacy and whether the petitioner is entitled to damages for such disclosure.
Final Decision
The court directed the respondent to ensure that no personal details of the petitioner remain on the website and to take steps to prevent such disclosures in the future. The court also observed that the petitioner may pursue damages through appropriate civil proceedings.
Law Points
- Right to Privacy
- Right to Information Act
- 2005
- Personal Data Protection
- Section 8(1)(j) RTI Act
- Article 21 Constitution of India
