Model Answer

The constitutional framework of India recognises both transparency and privacy as essential democratic values. The Right to Information flows from Article 19(1)(a) (freedom of speech and expression), while the right to privacy has been affirmed as a fundamental right under Article 21 by the Supreme Court in Justice K.S. Puttaswamy v. Union of India. The recent amendment to the RTI framework through the Digital Personal Data Protection Act, 2023, which modifies Section 8(1)(j) of the Right to Information Act, 2005, has reopened the debate on balancing these two rights.

Earlier, personal information could still be disclosed if a larger public interest existed. This created a proportional balance — protecting private life while enabling scrutiny of public authorities. The amendment introduces a broad exemption for “personal information,” potentially restricting disclosure of assets of public servants, procurement records, audit findings, and expenditure details. Such information is often essential for exposing corruption, conflict of interest, and misuse of public funds. A blanket exemption risks weakening accountability mechanisms and diluting citizens’ participatory oversight in governance.

However, the State’s objective cannot be dismissed entirely. With rapid digitisation, personal data misuse, identity theft, and surveillance risks have increased. Public officials too retain a zone of informational privacy, and indiscriminate disclosure could violate dignity and security. Therefore, some level of statutory protection is necessary to comply with constitutional privacy jurisprudence.

The issue, therefore, is not RTI versus privacy, but calibrated harmonisation. The appropriate constitutional approach is the doctrine of proportionality:

• Clearly define “personal information”
• Retain public-interest override
• Distinguish between private citizens and public officials
• Issue disclosure guidelines for Information Commissions

Thus, democratic governance requires neither secrecy nor absolute openness, but a carefully structured transparency regime that protects privacy while preserving accountability.