Section 8 (1) (j) provides for exemption from disclosure of information which relates to personal information, the disclosure which has not a Public activity or interest, or which could cause unwarranted invasion of the privacy of the individual unless the Central Public Information or State Public Information Officer or Appellate Authority as the case may be is satisfied that larger Public interest justifies the disclosure of such information.

Therefore while examining the applicantion under RTI which if found relates to the personal information of Public Servant, PIO has to examine that whether there is larger Public interest justified that disclosure of such information. The PIO has to examine the issue in light of various contentious issues like personal information, Public interest, privacy of individual etc.

The RTI Act has not defined the word Public Interest. The Public Interest is very wider word and is not possible to define the same. There is a Public interest in the disclosure of information for the betterment of society, democratic values and transparency of Government. On the other side there is also Public Interest in non disclosure of information for protecting the reputation and dignity of individual and also privacy and social values of the individual. Therefore both Public interests are required to be weighed and harmonise.

PIO has to take care and weigh the Public Interests which shall prevail in case the information is disclosed or denied to disclose. It is further required to keep in mind that there is difference between the matter which are in the interest of Public to know and the matter which were merely interesting to the Public.

свернуть