Section 8(1)(j) Personal Information: PIO Decision Checklist

Use this guide whenever an RTI request seeks personal information of an officer, beneficiary, complainant, vendor, witness or any third party. Common triggers: ACR / APAR records, salary slips, promotion files, vigilance noting, CGHS records, complaint identity, beneficiary lists. PIOs across Government of India and state secretariats use this checklist before drafting the reply.

• RTI Act 2005, Section 8(1)(j): full text, “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 public interest justifies the disclosure of such information”.
• Section 8(2): notwithstanding anything in the Official Secrets Act 1923, if the public interest in disclosure outweighs the harm, disclose.
• Section 11: third-party notice procedure.
• Section 10: severability.
• DPDP Act 2023: read in conjunction once notified.

The Supreme Court's leading authorities:

• Girish Ramchandra Deshpande v CIC, (2013) 1 SCC 212, service records, ACR, asset declarations are largely personal.
• R K Jain v Union of India, (2013) 14 SCC 794, Section 11 must be followed before disclosure of confidential third-party information.
• Subhash Chandra Agarwal v Indian National Congress (CIC, 2013) and v Supreme Court of India (2019), public-interest balancing in high offices.
• Canara Bank v C S Shyam, (2018) 11 SCC 426, transfer / posting records of bank employees treated as personal.

A PIO faced with a Section 8(1)(j) flag must work through this checklist before drafting the reply.

1. Identify the personal element. What part of the requested information identifies a natural person?
2. Apply the first limb of Section 8(1)(j). Does the personal information have any relationship with public activity or public interest? If yes, the first limb does not protect.
3. Apply the second limb. Would disclosure cause unwarranted invasion of privacy? Consider sensitivity (medical, sexual, financial), expectation of privacy, and reasonably foreseeable harm.
4. Apply the proviso, public-interest override. If you find that, despite first or second limb, the larger public interest justifies disclosure, you must disclose. Public interest includes accountability of public servants, anti-corruption, and exposure of misuse of public funds.
5. Apply Section 10 severability. If part is exempt, redact and disclose the rest.
6. Apply Section 11 if applicable. If the third party may have an interest, give written notice within five days.
7. Record reasons. A bare “personal information” line is not enough. The order must demonstrate the two-limb analysis.

A defensible noting and reply.

File noting under Section 8(1)(j) read with Section 10 and Section 11

1. The applicant has sought information at point [number] regarding [subject].

2. The information identifies a natural person, namely [description, eg "Shri X working as Section Officer in this Ministry"]. The information is therefore "personal information" within the meaning of Section 8(1)(j).

3. First-limb analysis: I find that the information [has / has no] relationship with public activity or interest because [reason, eg the salary of a public servant is paid from the public exchequer; or, the reason for personal leave does not relate to public activity].

4. Second-limb analysis: Disclosure [would / would not] cause unwarranted invasion of privacy because [reason, eg medical history is highly sensitive; or, posting orders are routinely circulated and do not raise privacy harm].

5. Public-interest override: I have considered whether a larger public interest is present. [Yes / No]. The reason recorded is [reason, eg corruption allegation, audit objection, exposure of misuse of public funds].

6. Severability under Section 10: I have considered whether parts of the document can be disclosed after redaction. [Yes, paras X and Y are disclosed; paras A and B are redacted / No, reasons].

7. Section 11 notice: [Issued on [date] / Not issued because [reason, eg information not held in confidence by a third party / applicant is the data principal himself]].

8. Decision: [Disclose in full / Disclose in part with redactions / Decline]. The applicant may file First Appeal under Section 19(1) within 30 days.

Reply prepared accordingly.
[Signature]
Public Information Officer

• Two-line denials. “Personal information, hence denied under Section 8(1)(j)” is reversed routinely. Apply both limbs and record reasons.
• Ignoring the proviso. The public-interest override is mandatory consideration. Failing to consider it is a ground for appeal.
• Skipping Section 11. When information is treated as confidential by a third party, you must give Section 11 notice. The CIC has imposed penalty for skipping it.
• Applying 8(1)(j) to applicant's own data. When an applicant seeks their own service record or own claim file, 8(1)(j) does not apply.
• Conflating Section 8(1)(j) with 8(1)(g) and 8(1)(h). Each has a different test. Identify which exemption you actually rely on.
• Treating designation and posting orders as personal. Routine postings of public servants are not protected.

• First Appeal under Section 19(1), applicant within 30 days; the PIO must defend the noting.
• Section 19(2) appeal by third party if disclosure went against their objection.
• Second Appeal to CIC / SIC under Section 19(3).
• Section 20 penalty if the FAA / CIC finds refusal without reasonable cause.

The two limbs of Section 8(1)(j): (a) personal information with no relationship to public activity / interest; (b) unwarranted invasion of privacy. Both are independent; either can support an exemption, but the proviso of public interest can override either.

Largely yes per Girish Deshpande, but the public-interest override applies in cases of corruption, misappropriation or hidden conflict.

Yes, Section 10 read with 8(1)(j). Disclose the rest of the file.

Generally treated personal but disclosable when public interest is shown, corruption allegation, contested promotion, court direction.

The DPDP Act 2023 contains a clause amending 8(1)(j). Its operative date is governed by the central notification; verify before relying on it.

Office contact information is not protected; personal mobile and personal email are.

Only with strong recorded reasons and Section 11 notice. The CIC has held medical records to be highly sensitive and rarely disclosable except to the data principal or with consent.

• RTI Act 2005: rti.gov.in
• Department of Personnel and Training RTI Cell: dopt.gov.in
• Central Information Commission: cic.gov.in
• Supreme Court on RTI privacy: main.sci.gov.in
• DPDP Act 2023: meity.gov.in

Last reviewed: 9 May 2026.

• AI RTI Drafter for inbound applicants.
• Guide hub
• PIO reply after DPDP
• Section 11 third-party notice
• Section 10 severability
• PIO file noting format
• Vague or voluminous RTI