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In terms of concept, the RTI and the Right to Privacy are both complementary and antagonistic. On the one hand, RTI expands access to information; on the other hand, the right to privacy safeguards it. Furthermore, they both protect citizens’ rights from government overreach.

  • Under Article 14, 19, and 21 of the constitution, the right to privacy is a fundamental right (Justice Puttaswamy vs Union of India case). As a result, when revealing information under RTI, the government must guarantee that it does not jeopardise an individual’s liberty or dignity.
  • The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016, the Personal Data Protection Bill 2019, the DNA Technology (Use and Application) Regulation Bill 2019, and other acts protect the right to privacy.

RTI vs Official Secrets Act (OSA), 1923:

  • During Viceroy Lord Curzon’s reign, the Official Secrets Act of 1904 was passed. The law was enacted to ensure secrecy and confidentiality in government, primarily in matters of national security and espionage. One of the main goals of the act was to silence the voices of nationalist newspapers (press, books, etc.).
  • The 1904 Act was replaced by the Official Secrets Act of 1923. It addresses all issues of secrecy and confidentiality in the country’s governance.
  • In the event of a disagreement between the two laws, the RTI Act requirements will take precedence over OSA laws, according to the RTI Act of 2005. Section 22 of the RTI Act expressly says that its requirements would take precedence over any section of the Official Secrets Act that is inconsistent with them.
  • A Public Authority has powers to provide access to information protected under the OSA “where the public interest in disclosure outweighs the harm to the protected interests,” according to Section 8 (2) of the RTI Act of 2005.
  • The Second Administrative Reforms Commission also has recommended the repeal of the OSA and replacement with a chapter in the ‘National Security Act. This chapter could contain provisions relating to official secrets.