The Delhi High Court’s recent ruling in Rakesh Kumar vs. Central Public Information Officer & Anr. reaffirms the privacy rights of individuals by restricting the disclosure of passport details to third parties. This case highlights the limitations of the Right to Information (RTI) Act, 2005, in relation to personal data and strengthens legal safeguards against unauthorized access to sensitive information.

Background of the Case

The case originated when Rakesh Kumar filed an RTI application requesting passport details of certain individuals from the Regional Passport Office, Mumbai. The authorities denied the request, citing Section 8(1)(j) of the RTI Act, which exempts personal information from disclosure. Dissatisfied with this response, Kumar pursued legal action, arguing that the information should be made available in the interest of transparency.

Key Legal Issues

The case revolved around two primary questions:

1. Whether passport details qualify as “personal information” under the RTI Act and can be withheld from disclosure.
2. Whether the government is obligated to retain and provide historical passport records beyond a specified period.

 

Privacy Protection Under the RTI Act

The RTI Act, 2005, allows citizens to request information from public authorities, promoting transparency and accountability. However, Section 8(1)(j) protects personal information from disclosure if it has no relation to public activity or interest. Courts have consistently ruled that passport details fall under this exemption, as sharing such information could lead to identity theft, fraud, or misuse.

In Union of India vs. R. Jayachandran (2014), the Delhi High Court held that passport numbers and related details cannot be disclosed, as they contain sensitive personal data. Similar rulings in Ministry of External Affairs vs. Asmita Sachin Waman (2020) and Ministry of External Affairs vs. Soma Pandey (2020) reaffirmed that such information is protected under privacy laws.

Court’s Ruling and Observations

The Delhi High Court upheld the decision to deny access to the requested passport data, emphasizing the following points:

• Passport details are strictly personal and do not serve a public interest when disclosed.
• Releasing such data can lead to security risks and potential misuse by unauthorized individuals.
• Government agencies are not required to retain old passport records indefinitely, as per official data retention policies.
• The Court also noted that records from 1984-1990 had been destroyed in accordance with government regulations, making it impossible to provide the requested information.

Implications of the Judgment

This ruling has significant implications for data privacy and governance, reinforcing the principle that personal identification details should remain confidential. Key takeaways include:

1. The judgment upholds the right to privacy, preventing unauthorized access to personal records.
2. Public authorities are not obligated to share personal information unless there is a compelling public interest.
3. Authorities are not required to store passport records indefinitely, ensuring efficient data management.

This ruling sets a benchmark for similar cases involving personal data protection under the RTI Act.

MHCO Comment

The Delhi High Court’s decision reinforces the privacy and protection of passport data, ensuring that such information cannot be disclosed to third parties under the RTI Act. By upholding Section 8(1)(j), the ruling safeguards individuals from potential misuse of their personal details. Additionally, the Court recognized the government’s data retention policies, confirming that old records may not always be available. This judgment serves as a significant precedent for balancing transparency with privacy rights, ensuring that personal identity remains secure and protected. This legal protection upholds individual privacy rights while ensuring government agencies comply with data protection laws.

This update was released on 28 Feb 2025.

The views expressed in this update are personal and should not be construed as any legal advice. Please contact us directly on +91 22 40565252 or legalupdates@mhcolaw.com for any assistance.

Legal Update Team
MANSUKHLAL HIRALAL & COMPANY
Advocates, Solicitors and Notaries
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