Delhi High Court on PM CARES Fund: Privacy Rights Under RTI Explained

Delhi High Court Clarifies Privacy Protection Under RTI

The Delhi High Court has observed that the PM CARES Fund enjoys statutory privacy protection under the Right to Information Act , even if it is assumed to be run, supervised, or controlled by the government.

The Court clarified that privacy safeguards available to third parties under the RTI Act apply uniformly , regardless of whether the entity concerned is public or private in nature.

Scope of Privacy Under the RTI Act

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia emphasised that the dispute does not involve the fundamental right to privacy under Article 21 of the Constitution.

Instead, the case revolves around statutory privacy under Section 8(1)(j) of the RTI Act , which exempts disclosure of personal or third-party information unless a larger public interest is established.

No Distinction Between Public and Private Trusts

The Bench observed that merely performing public functions or being managed or supervised by the government does not strip an entity of its separate juristic personality .

Accordingly, there can be no differential treatment between public trusts and private trusts with respect to third-party privacy under the RTI Act. Societies, trusts, and bodies—whether public or private—are equally entitled to statutory protection unless disclosure is justified through due process.

Background of the PM CARES Fund Dispute

The observations arose 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. However, this was overturned by a single judge of the High Court in January 2024, who held that Section 138 of the Income Tax Act governs disclosure of tax-related information and overrides RTI provisions in such cases.

Key Legal Provisions Involved

The Court also examined the interaction between different statutory provisions. While Section 22 of the RTI Act gives it overriding effect over other laws, this override operates subject to specific statutory bars , such as those contained in the Income Tax Act.

Important Facts for Exams

• Section 8(1)(j) of the RTI Act protects personal and third-party information

• Section 138 of the Income Tax Act regulates disclosure of tax-related data

• Section 22 of the RTI Act provides overriding effect, with statutory exceptions

• Juristic persons, not only individuals, can claim statutory privacy

• Public and private trusts are treated equally for RTI privacy exemptions

Arguments and Future Hearing

RTI applicant Girish Mittal