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1 - 10 of 14 (0.33 seconds)Section 8 in The Right to Information Act, 2005 [Entire Act]
Section 11 in The Right to Information Act, 2005 [Entire Act]
Article 21 in Constitution of India [Constitution]
Article 19 in Constitution of India [Constitution]
The Cpio, Supreme Court Of India, Tilak ... vs Subhash Chandra Agarwal & Anr. on 2 September, 2009
24. Further, the determination as to whether the information crosses over the
private-public boundary is a determination which is to be made by the concerned
Officer under the Act. The concerned Officer must come to an independent
assessment as to whether the hold of section 8(1)(j) can be unlocked by a larger
issue of public interest. To add, the right to privacy must be harmonised with the
overwhelming need to disclose the information on public interest considerations
(Ref. Central Public Information Officer, Supreme Court of India vs. Subhash
Chandra Agarwal; (2020) 5 SCC 481). There cannot be an automatic assumption
that an application for information made by a party interested in an ongoing
investigation would naturally entitle such party to receiving that information
where the information has the unmistakable character of a private information
under section 8(1)(j) of the Act. The argument of self-defence builds on the position
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of this automatic entitlement and discounts the safeguards in section 8 against
the disclosure of such information.