RTI Act and Employee Privacy; Delhi High Court Sets Precedent

The Delhi High Court has clarified that personal information of employees, including service records, promotion documents, and details of financial benefits, cannot be disclosed under the Right to Information (RTI) Act.

This landmark decision came in response to a writ petition filed by Ryan International School, challenging an order by the Central Information Commission (CIC) that directed the school to reveal its employees’ service details.

Applicability of RTI: Background and Court’s Ruling

The case originated in April 2017 when Anuj Kumar Sharma filed an RTI application. He was seeking information about the service books and financial benefits of employees at Ryan International School in Mayur Vihar.

The Directorate of Education (DoE), to whom the RTI was submitted, forwarded the request to the school, stating that it did not hold the requested information.

Unsatisfied with this response, Anuj escalated the matter, leading the CIC to order the school to provide the requested details.

Justice Sanjeev Narula set aside CIC’s order. He emphasized that there was no evidence of any larger public interest that justified the disclosure of such sensitive information.

The court noted that the CIC’s directive did not adequately consider certain facts. The information sought pertained to both sensitive personal information and service records of the employees.

Justice Sanjeev upheld the school’s stance, citing the Supreme Court’s precedent in Girish Ramchandra Deshpande v. Central Information Commissioner, which states that employee performance and financial details are personal and exempt from disclosure unless there is a demonstrated larger public interest.

Implications

This ruling has significant implications for both public and private institutions. It underscores the need to balance transparency with privacy rights, especially when dealing with personal information.

While the RTI Act promotes openness and accountability, it also recognizes the importance of safeguarding sensitive data.

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