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+====== What is Privacy under RTI — RTI Wiki Citizen Guide 2026 ======
+{{ :social:auto:explanations-privacy.png?direct&1200 |explanations / privacy — RTI Wiki}}
+{{htmlmetatags>metatag-title=(What is Privacy Under RTI Section 8 1 j India 2026)&metatag-keywords=(explanations privacy rti right to information india)
+metatag-description=(What is privacy under RTI — Section 8 1 j exempts personal information where disclosure has no public interest and causes unwarranted intrusion, explained.)}}
+<WRAP center round info 95%>
+**In one line.** Privacy under the RTI Act is principally the shield in **Section 8(1)(j)** — personal information that has no relationship to public activity or interest, or would cause unwarranted invasion of privacy.
+**What that means in practice.**
+  * **14 November 2025 amendment** removed the proviso that information not deniable to Parliament cannot be denied to a citizen.
+  * The override now runs only through **Section 8(2)** — public interest must be specifically invoked.
+  * //K.S. Puttaswamy// (2017) recognised privacy as a fundamental right — this strengthens the 8(1)(j) shield.
+</WRAP>
+Under Section 8 (1) (j) [[:explanations:information|information]] which has been exempted is defined as: "information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger [[:explanations:public-interest|public interest]] justifies the disclosure of such information:"
+===== Criterion =====
+When a citizen is seeking information about his own case, there is no intrusion into the privacy of his case for denying the information.((Decision in Appeal No. CIC/WB/A/2006/00469; & 00394 -Shri Rakesh Kumar Singh Vs Lok Sabha Secretariat)) Personal information mean about a [[:explanations:third-party|third party]]. [[:act|Section 8(1)(j)]] can be applied only when some one is seeking information about a [[:explanations:third-party|third party]] and there will be **an element of invasion of privacy**.
+CIC Defined “Invasion of Privacy” as <wrap em>//“One, who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.”//</wrap>
+A personal information must be saved from being made public by the [[:explanations:public-authority|public authority]] which happens to receive such information. It is to be remembered that a **personal information does not cease to be personal just because it is delivered into the care of the public authority by the individual such information**.
+Commission also cannot be oblivious to the fact that personal information, when allowed to be accessed by third parties has the potentially to expose the owner of such information to mischief, harassment, intimidation, defamation and worse. The boundaries of personal/private domains must never be allowed to be breached and, if at all breached, must be for compelling reasons, cautiously, carefully and responsibly evaluated by a [[:explanations:competent-authority|competent authority]] as the Act can't be so interpeted as to allow poaching by third parties into personal domains (([[http://www.lawyersclubindia.com/articles/Scope-of-Section-8-1-j-of-The-RTI-Act-2005-Privacy-as-abuse-for-claiming-exemption-3768.asp|Mukesh Shukla]] ))
+To qualify for this exemption the information must satisfy the following criteria ((REFERENCE: Bishamber Dayal Tyagi v PIO, Delhi Jal Board, Decision No. CIC/SG/A/2009/000172/3092)):
+==== It must be personal information. ====
+Words in a law should normally be given the meanings given in common language. In common language we would ascribe the adjective 'personal' to an attribute which applies to an individual and not to an institution or a corporate. From this it flows that 'personal' cannot be related to institutions, organizations or corporates. (Hence we could state that Section 8 (1) (j) cannot be applied when the information concerns institutions, organizations or corporates).
+The phrase 'disclosure of which has no relationship to any public activity or interest' means that the information must have some relationship to a Public activity. Various Public authorities in performing their functions routinely ask for 'personal' information from Citizens, and this is clearly a public activity. When a person applies for a job, or gives information about himself to a Public authority as an employee, or asks for a permission, licence or authorization, all these are public activities.
+We can also look at this from another aspect. The State has no right to invade the privacy of an individual. There are some extraordinary situations where the State may be allowed to invade on the privacy of a Citizen. In those circumstances special provisos of the law apply, always with certain safeguards. Therefore it can be argued that where the State routinely obtains information from Citizens, this information is in relationship to a public activity and will not be an intrusion on privacy.
+Certain human rights such as liberty, freedom of expression or right to life are universal and therefore would apply uniformly in all Countries uniformly. However, the concept of 'privacy' is related to the society and different societies’ would look at these differently. India has not codified this right so far, hence in balancing the Right to Information of Citizens and the individual's Right to Privacy, the Citizen's Right to Information would be given greater weightage.
+Therefore we can accept that **disclosure of information which is routinely collected by the Public authority and routinely provided by individuals, would not be an invasion on the privacy** of an individual and there will only be a few exceptions to this rule which might relate to information which is obtained by a Public authority while using extraordinary powers such as in the case of a raid or phone-tapping.
+Following Information can't be denied by the Public authority on the ground that it is 'personal information'-
+  - Appointments, promotions, ungradations are all public activity, hence the exemption has been wrongly applied.
+  - Document regarding the transfer of two of his colleagues, vis-a-vis whom he felt that he had been discriminated against is not exempted.
+  - It was pointed out that the details of leave taken by the public servant has to be disclosed, however, the purpose for which the leave was taken need not be given because it is exempted under section 8(1)(j) of the RTI Act.
+  - LTC Information of officials not personal to them.
+  - RULES GOVERNING salary, service matters, study leave records, Posting and transfer information of public servant can't be called 'personal information'.
+  - Tour programme of officers not personal information.
+  - Personal Information sought by legal heir of the deceased employee is not exempted to him.
+The [[:explanations:privacy-public-servants|Privacy Rights of Public Servants]] may be read here!
+----
+===== Discuss this topic =====
+===== More Common terms under RTI =====
+{{indexmenu>:explanations#1}}
+[<>]
+<WRAP center round help 95%>
+**New to RTI? File your first application in ten minutes.** See [[:file-rti-online-india|How to File RTI Online in India — 2026 Step-by-Step Guide]] with a ready-to-use English and Hindi template, the Rs 10 online fee flow, and the appeal path.
+</WRAP>
+===== Related =====
+  * [[:explanations:investigation-under-rti|Investigation/Inquiry reports under RTI]].
+  * [[:explanations:vicarious-liability|Vicarious Liability]].
+  * [[:explanations:composite-petition|Composite Petition under RTI Act]].
+  * [[:explanations:privacy-public-servants|Privacy Rights of Public Servants]].
+  * [[:explanations:substantially-financed|Substantially Financed]].
+//Last reviewed on: 20 April 2026//
+{{tag>rti explanations}}
+===== Privacy and RTI: The balance between transparency and personal privacy =====
+Privacy and the RTI Act — complete guide on the balance between transparency and personal privacy:
+  - **Step 1: The privacy exemption under Section 8(1)(j).** (a) Section 8(1)(j) of the RTI Act — exempts the disclosure — of the personal information — which has no relationship — to any public activity — or interest — or which would cause — unwarranted invasion — of the privacy — of the individual, (b) the test: (i) is the information — personal? (ii) does it have — a relationship — to any public activity — or interest? (iii) would the disclosure — cause — an unwarranted invasion — of the privacy? (c) if the information — is personal — and has no public interest — and the disclosure — would cause — an unwarranted invasion — then the information — is exempt, (d) if the information — is personal — but has a public interest — and the disclosure — would not cause — an unwarranted invasion — then the information — can be disclosed — and the PIO — must balance — the public interest — against the privacy.
+  - **Step 2: What is personal information under the RTI Act?** (a) personal information includes: (i) the Aadhaar number, (ii) the PAN number, (iii) the bank account details, (iv) the salary details — of the private employees, (v) the medical records, (vi) the caste certificate, (vii) the religion, (viii) the family details, (ix) the mobile number, (x) the email address, (xi) the residential address, (b) the personal information — of the public servants: (i) the salary, (ii) the qualifications, (iii) the service records, (iv) the property returns — are NOT personal — in the strict sense — because they relate — to the public activity — and the public interest, (c) the Supreme Court — in the Central Board of Secondary Education vs Aditya Bandopadhyay (2011) — held that: (i) the answer sheets — are personal information — but the evaluated answer sheets — can be disclosed — to the student — under the RTI Act, (ii) the disclosure — of the answer sheets — to the student — does not cause — an unwarranted invasion — of the privacy.
+  - **Step 3: The right to privacy as a fundamental right.** (a) the Supreme Court — in the K.S. Puttaswamy vs Union of India (2017) — held that: (i) the right to privacy — is a fundamental right — under Article 21 — and Article 19, (ii) the right to privacy — includes: (a) the informational privacy, (b) the bodily privacy, (c) the territorial privacy, (d) the decisional privacy, (iii) the right to privacy — is not absolute — and can be restricted — by the law — if the restriction — is: (a) lawful, (b) legitimate, (c) proportionate, (b) the Puttaswamy judgment — impacted the RTI Act — because: (i) the privacy — is now a fundamental right — and the RTI Act — must balance — the transparency — against the privacy, (ii) the disclosure — of the personal information — under the RTI Act — must be tested — against the Puttaswamy — proportionality test.
+  - **Step 4: The balance between transparency and privacy.** (a) the RTI Act — Section 8(1)(j) — provides the balance: (i) the personal information — is exempt — if there is no public interest — and the disclosure — would cause — an unwarranted invasion, (ii) the personal information — can be disclosed — if there is a public interest — that outweighs the privacy, (b) the factors — for the balance: (i) the nature of the information — (is it sensitive? like the medical records — or the Aadhaar?), (ii) the public interest — (is there a legitimate public interest? like the corruption — or the nepotism?), (iii) the proportionality — (is the disclosure — proportionate — to the public interest? or is it excessive?), (iv) the harm — (would the disclosure — cause harm — to the individual? like the harassment — or the stalking?), (c) the Information Commissions — and the courts — apply the balance — on a case-by-case basis — and the PIO — must apply the balance — when deciding — on the disclosure.
+  - **Step 5: Key cases on privacy and RTI.** (a) the Supreme Court — in the Girish Ramchandra Deshpande vs Central Information Commissioner (2012) — held that: (i) the APR (Annual Performance Report) — of the employee — is personal information — and is exempt — under Section 8(1)(j), (ii) the disclosure — of the APR — would cause — an unwarranted invasion — of the privacy — unless there is a larger public interest, (b) the Delhi High Court — in the Bhagat Singh vs Central Information Commission (2007) — held that: (i) the asset details — of the public servants — are not personal — in the strict sense — because they relate — to the public activity, (ii) the disclosure — of the assets — is in the public interest — and is not exempt — under Section 8(1)(j), (c) the Central Information Commission — has held — that: (i) the caste — and the religion — of the employees — is personal — and is exempt, (ii) the salary — and the designation — is not personal — and can be disclosed, (iii) the medical records — are personal — and are exempt — unless there is a public interest.
+  - **Step 6: File RTI and claim privacy.** (a) if you are the applicant: (i) cite the public interest — when seeking the personal information — like the corruption — or the nepotism — or the public safety, (ii) argue that the disclosure — is in the public interest — and outweighs the privacy, (b) if you are the PIO: (i) cite Section 8(1)(j) — when refusing the personal information, (ii) apply the balance — and disclose — if there is a public interest, (c) if you are the third party: (i) you can object — to the disclosure — of your personal information — under Section 11 — and the PIO — must give you a notice — and an opportunity — to object, (ii) you can appeal — to the Information Commission — and the court — against the disclosure.
+  - **Step 7: Practical tips.** (a) cite the public interest (when seeking the personal information — always cite the public interest — like the corruption — or the nepotism — to overcome the privacy exemption), (b) do not seek the sensitive information (do not seek — the Aadhaar — or the bank account — or the medical records — unless there is a compelling public interest), (c) seek the aggregated data (instead of the individual data — seek the aggregated data — like the total salary — or the total assets — which does not identify the individual), (d) respect the third-party privacy (if the information — involves a third party — the PIO — must give the notice — under Section 11 — and the third party — can object), (e) Example: An applicant — sought the asset details — of the public servants — in a department — the PIO refused — citing Section 8(1)(j) — the applicant filed the first appeal — and argued — that the assets — are in the public interest — and the appellate authority — directed the disclosure — of the assets — because the public interest — outweighs the privacy.
+See [[https://righttoinformation.wiki/explanations/privacy|Privacy and RTI]] and [[https://righttoinformation.wiki/what-information-can-rti-get|RTI Scope]].
+{{tag>privacy rti section 8(1)(j) personal information puttaswamy fundamental right transparency balance public interest exemption 2026}}