R.K. Jain v. Union of India
A person’s Annual Confidential Reports (ACRs) are “personal information”. Before such third-party information is disclosed, the Section 11 procedure must be followed: the third party is given notice, and under the proviso to Section 11(1), except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of that third party. Section 11 is unchanged; clause (j) was substituted on 13 November 2025.
Issue before the court
Whether the ACRs and integrity records of a tribunal member could be disclosed to a third party under RTI, and what procedure applies to third-party personal information.
Facts in brief
R.K. Jain sought a tribunal member’s adverse ACR entries and the follow-up action taken on the question of her integrity. The question was whether this third-party personal information could be disclosed.
Holding / decision
The Supreme Court held that ACRs are “personal information” under Section 8(1)(j). Where the information relates to a third party and is treated as confidential, the PIO must follow the Section 11 procedure — give the third party notice and weigh whether a larger public interest justifies disclosure. The matter was remitted to the CIC to follow Section 11.
Third-party personal information is disclosed only after the Section 11 procedure — notice to the third party and a public-interest assessment — not automatically.
If your RTI seeks information about another person, expect the PIO to invoke the Section 11 third-party procedure, and be ready to show why the public interest in disclosure outweighs any harm to the third party, which is the test in the proviso to Section 11(1).
When to cite this case
When third-party personal information is sought or withheld, and to insist that the Section 11 procedure is properly followed.
Later developments / current status
Statutory update: clause (j) was substituted with effect from 13 November 2025 by the Digital Personal Data Protection Act, 2023 (section 44) and now reads only “information which relates to personal information”; Section 11 is unchanged. Read alongside Girish Deshpande and Canara Bank on Section 8(1)(j); the Section 11 procedure remains the gateway for third-party records.
Source & verification
Related FileMyRTI services
Use RTI Dost to frame a public-interest justification for third-party records.
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