Section 8(1)(j) and 8(1)(h) of the RTI Act
Subject : Administrative Law - Right to Information
In a significant decision addressing the boundaries of the Right to Information Act, the Central Information Commission (CIC) has dismissed five separate second appeals filed by Onkar Das against Bharat Sanchar Nigam Limited (BSNL). The ruling clarifies that the RTI Act cannot be utilized as a tool to access sensitive third-party personal information or to burden public authorities with non-specific, exhaustive documentation requests.
The appellant had submitted five distinct RTI applications to BSNL, Kolkata, seeking certified copies of confidential note sheets, pay-fixation memos, departmental guidelines on disciplinary delays, and specific performance assessment details of other employees. The Central Public Information Officer (CPIO) had denied these requests, citing Section 8(1)(h) of the RTI Act—invoked due to ongoing investigations—and Section 8(1)(j), which protects personal information that does not serve a larger public interest.
Dissatisfied with the CPIO’s response and the subsequent upholding of that decision by the First Appellate Authority (FAA), the appellant moved the Commission for a second appeal.
During the hearing, the respondent (BSNL's legal representative) maintained that the requested information pertained to third-party officers. Furthermore, the respondent argued that the documents sought were either part of active investigations (including matters currently before the Central Administrative Tribunal and local police) or were purely personal performance records, the disclosure of which lacked any nexus to public activity.
The appellant, however, alleged that the provided responses were incomplete and misleading, urging the Commission to direct the disclosure of the requested records.
Hon’ble Commissioner Anandi Ramalingam found the CPIO’s reliance on exemptions to be legally sound. The Commission’s analysis centered on the "personal information" exception under Section 8(1)(j), supported by a deep dive into established Supreme Court precedents.
The Commission drew heavily from the Subhash Chandra Agarwal verdict, which categorized internal service records—including performance evaluations, disciplinary proceedings, and psychological assessments—as protected personal information. Furthermore, citing CBSE vs Aditya Bandopadhyay , the Commission underscored that the RTI Act does not mandate a public authority to act as a research agency, nor does it require the drawing of inferences or the furnishing of "opinions" not already existing in official records.
The Commission’s decision highlighted the necessity of protecting the administrative efficiency of public institutions from indiscriminate requests:
> "Personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information."
The Commissioner also warned against the over-extension of the RTI framework:
> "Indiscriminate and impractical demands or directions under the RTI Act... would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the nonproductive work of collecting and furnishing information."
The CIC has dismissed all five appeals, finalizing that the requested information falls outside the scope of "information" as defined under Section 2(f) of the RTI Act. This judgment serves as a cautionary note to RTI applicants that the Act is a tool for public accountability, not a device for intruding upon the privacy of individual employees or conducting fishing expeditions into internal departmental notes. For public authorities, the order reinforces the legitimacy of invoking Section 8(1)(j) when dealing with requests that target third-party performance data.
View the social posts created for this story.
Personal information - Third-party disclosure - Privacy protections - Administrative efficiency - Exemptions
#RTIAct #DataPrivacy
SC Notifies Over 7,300 Cases for Listing During Partial Working Days of 2026
24 May 2026
Religious Discrimination in Housing: A Silent Civil Crisis
24 May 2026
Senior Advocate Menaka Guruswamy Named to Corporate Panel
24 May 2026
Congress Leader Alka Lamba Convicted Under BNS Sections 132, 221, 223(a), 285 for 2024 Protest Violence: Rouse Avenue Court
26 May 2026
Supreme Court Grants Bail to Former Chhattisgarh Excise Commissioner in PMLA and Corruption Cases
26 May 2026
Regulating the Fiat-Crypto Gateway: A Critical Analysis
26 May 2026
Kerala High Court Adopts Calcutta Child Custody Guidelines
02 Jun 2026
High Court Upholds Acquittal in Murder Case Citing Tainted Investigation and Ante-Dated FIR
03 Jun 2026
Incorrect Statutory Provision in Bail Appeal Does Not Bar Substantive Rights: Punjab and Haryana HC Grants Bail in UAPA Case
03 Jun 2026
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.