Are the Right to Information and the Right to Privacy complementary or contradictory to each other?

Although not explicitly mentioned in the Constitution, Right to Information and Right to Privacy are a part of Fundamental Rights. Supreme Court has reiterated their inclusion as Fundamental Rights on multiple occasions. These rights have found an irreplaceable place in modern societies because they play an important role in defining the relationship between state and citizens, and among citizens themselves. 

Our rights to information and privacy may seem contradictory but are very much complimentary to each other. Let us try to understand this relationship in detail. 

Right to Information  

• Right to Information is a part of the freedom of speech and expression under Article 19(1). The Supreme Court, in Raj Narayan vs State of Uttar Pradesh (1976), ruled that Right to information will be treated as a fundamental right under Article 19. Thus, the government enacted the Right to Information Act in 2005 which provides the machinery for exercising this fundamental right. 
• Enables good governance: In a democracy, the people are the masters. They have the right to about the working of the Constitution. It empowers ordinary citizens to question the government. Moreover, it is a powerful tool of transparent and accountable governance. 

Right to Privacy 

• Supreme Court, in the landmark Justice K S Puttaswamy case (2017), held that the Right to Privacy is a Fundamental Right under Article 21 (Right to Life and Personal Liberty). 
• The value of Right to Privacy: Privacy has an Intrinsic value as it is important for every person’s basic dignity. It also has an instrumental value as it furthers a one’s ability to live a life free of interference, to develop one’s personality to the fullest.  
• As observed by the Supreme Court, the Right to Privacy can take many forms such as the Right to bodily autonomy, the Right to informational privacy and the Right to a privacy of choice, among others. Privacy is recognized as an important component of an individual’s decision making.
   

The contradictory nature of Right to Information and Right to Privacy 

• Logical Contradiction:  Logically, privacy is essentially concealing information. The Right to Information can infringe upon another’s privacy, by necessitating someone to divulge information.  
• Right to Privacy is not an absolute right: It is lawfully restricted for the prevention of crime and disorder, or protection of health and morals; or protection of the rights and freedom of others. 
• Right to Privacy restricts Information: The RTI Act, 2005 forbids information pertaining to personal matters of an individual (unless required for greater public good). The Supreme Court, in Girish Deshpande vs the Central Information Commissioner (CIC) upheld the CIC’s decision to withhold information regarding personal matters of a public servant. 
• Right to Privacy of the State: It can be argued that Right to Information of citizens is against Right to Privacy of the State. Therefore, the law has provided for limits to which citizens can access information about the functioning of the State. For example, the exceptions under Section 8(1)(j) of the RTI Act, 2005. 

The complimentary nature of Right to Information and Right to Privacy 

• Citizens’ control over the State: Both the rights are intended to help the individual in making the government accountable and transparent. They embolden restriction on the power of the state. They prevent the misuse of power by the State. 
• Important tenets of democracy: In a democracy the State must be transparent and open, on the other hand, it must not infringe into the lives of citizens. 
• Political empowerment of citizens: Any individual requires two things to make an informed decision, first is the information itself and second is privacy to freely decide without any fear. Right to Information and Privacy are, therefore, essential for a politically informed citizenry. 
• Dignity of an Individual: Access to information and privacy on personal matters are necessary to maintain dignity and respect of an individual. 

Therefore, we can conclude that the Rights to Information and Privacy are two sides of the same coin. While the RTI Act is an important tool, data protection is equally necessary. Due diligence would ensure that the access to information and data protection laws have compatible definitions of personal information. There is a need find a balance between the two. As declared by the Supreme Court, the test of this balance is Public Good. Greater Public Interest should win whenever the two rights are at loggerheads.