Abstract

Right to privacy is recognized as fundamental right by virtue of Article 14, 19 and 21 of the Constitution of India. Therefore, when revealing information under RTI Act, it must be ensured that it does not jeopardize and individuals’ liberty or dignity. In a number of cases, the Apex court has held that the most important value for the functioning of a healthy and well-informed democracy is transparency. The competent authorities under RTI regime have to harmonize the conflicting interests of information seekers and information providers. The rights of third parties and prayers for disclosure of information have also attracted considerable attention of Central and State Information Commissions, Appellate authorities and higher judiciary since the introduction of Information Act which provides that where the Central or State Public Information Officer intends to disclose any information or record which relates to third party and has been treated as confidential by the third party, a written notice has to be issued to the third party. It is now well-established fact that the scheme of Information Act is premised on disclosure being the norm and refusal the exception.

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