PM CARES Fund Privacy Rights Under RTI Act: Delhi High Court

The Delhi High Court has observed that the PM CARES Fund retains a right to privacy under the Right to Information Act even if it is assumed to be run or controlled by the government. The Court clarified that privacy protections available to third parties under the RTI Act apply uniformly, irrespective of whether an entity is public or private in nature.

Scope of Privacy Under the RTI Act

A Division Bench of the Delhi High Court, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, clarified that the case does not concern the fundamental right to privacy under Article 21 of the Constitution. Instead, it relates to statutory privacy under Section 8(1)(j) of the Right to Information Act, which bars disclosure of personal information of third parties.

No Distinction Between Public and Private Trusts

The Bench remarked that merely because an entity is discharging public functions or is managed or supervised by the government, it does not lose its juristic personality. As such, there cannot be any distinction between the privacy rights of a public trust and a private trust when it comes to third-party information under the RTI Act. The Court stressed that societies, trusts, or bodies—public or private—are equally entitled to protection unless due process is followed.

Background of the PM CARES Fund Dispute

The observations were made while hearing an appeal seeking disclosure of documents submitted by the PM CARES Fund to obtain exemptions under the Income Tax Act. Earlier, the Central Information Commission had directed the Income Tax Department to disclose the information. This directive was set aside by a single judge of the High Court in January 2024, holding that Section 138 of the Income Tax Act overrides the RTI Act in such matters.

Imporatnt Facts for Exams

• Section 8(1)(j) of the RTI Act protects personal information of third parties.
• Section 138 of the Income Tax Act governs disclosure of tax-related information.
• Section 22 of the RTI Act gives it overriding effect, subject to specific statutory bars.
• Juristic persons can claim privacy under statutory provisions, not just individuals.

Arguments and Future Hearing

RTI applicant Girish Mittal challenged the single-judge ruling before the Division Bench, arguing that a government-established charitable trust cannot claim privacy under the RTI Act. The Court has listed the matter for further hearing on February 10, when the Income Tax Department will present its submissions.