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 the larger public interest is weighed.
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 the larger public interest in disclosure.
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
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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