Delhi High Court says 'personal info', sets aside CIC order to disclose PM Modi's degree details

New Delhi: The Delhi High Court on Monday set aside the directions issued by the Central Information Commission (CIC) for disclosure of degrees of Prime Minister Narendra Modi and former Union Minister Smriti Irani under the Right to Information Act.

A single judge bench of Justice Sachin Datta held the mark sheets, results or degree certificate or academic records of any individual, even if that person is a holder of public office, are in the nature of personal information, which are exempt from disclosure under the RTI Act.

Finding no implicit public interest on disclosure of information in the matter, the court said, the fact that a person holds a public office does not, per se, render all personal information subject to public disclosure.

Allowing an appeal filed by the Delhi University and others, the court pointed out Section 8(1)(j) of the RTI Act exempted from disclosure any personal information that is not related to any public activity or interest, or the disclosure of which would result in an unwarranted invasion of an individual’s privacy.

In its 175-page judgment, the court pointed out, Section 11 of the Act complements this by safeguarding information that has been treated as confidential by a third party.

It also emphasised, “something which is of interest to the public” is quite different from “something which is in the public interest”.

The court cited a Supreme Court's previous judgment, which stated the public may be interested in private matters which may have no bearing on the public interest and such matters cannot impinge upon the exemption provided under Section 8(1)(j) of the RTI Act.

The court also stressed the disclosure of academic details sans any overriding public interest, would amount to an intrusion into the personal sphere which is constitutionally protected post the right to privacy judgment in the K S Puttaswamy.

It also noted the fact that the information sought pertained to a public figure does not extinguish privacy or confidentiality rights over personal data, unconnected with public duties.

"This court cannot be oblivious to the reality that what may superficially appear to be an innocuous or isolated disclosure could open the floodgates of indiscriminate demands, motivated by idle curiosity or sensationalism, rather than any objective 'public interest' consideration," the bench said.

Disregarding the mandate of Section 8(1)(j) in such context would inexorably lead to demands for personal information concerning officials or functionaries spanning the entire gamut of public services, without any real “public interest” being involved, it added.

"The RTI Act was enacted to promote transparency in government functioning and not to provide fodder for sensationalism," the court said.

To a contention that the information pertained to a period beyond 20 years, the bench said, the constitutional right to privacy, as recognised in Puttaswamy case, continued to operate as a shield for confidential and personal information, even beyond the period referred to in Section 8(3) of the RTI Act.

"Section 8(3) must be interpreted harmoniously with Article 21 so that the lapse of time does not infringe upon privacy rights," the bench said.

In the matter, the court held he entire approach of the CIC in the impugned order was thoroughly misconceived.

It said the CIC misdirected itself in relying upon anecdotal material and subjective assessments and drawing conclusions therefrom.

Whether or not the Delhi University has followed the practice of publishing certain results on its website is not determinative of, and cannot have any bearing on, the interpretation and scope of Section 8(1)(j) of the RTI Act, it said.

"The mere efflux of time does not justify overriding privacy in the absence of compelling necessity linked to a legitimate aim," it said.

In its judgment, the court emphasised with regard to the details of degrees, results, mark sheets etc of students, the subject matter of the RTI applications, the matter is put beyond the pale of doubt by virtue of Section 8(1)(j) of the RTI Act.

"Such data/information, indubitably constitutes “personal information” which is specifically exempt from disclosure under Section 8(1)(j) of the RTI Act. It is unambiguously clear that the ‘marks obtained’, grades, and answer sheets etc. are in the nature of personal information and are protected under Section 8(1)(j) of the RTI Act, subject to an assessment of overriding public interest," the bench said.