The Delhi High Court has recently held that, a husband’s income tax returns constitute “personal information” and are exempt from disclosure under the Right to Information Act, 2005 unless a larger public interest justifies such disclosure.
Justice Purushaindra Kumar Kaurav set aside an order of the Central Information Commission (CIC) directing that the details be shared with the wife in a matrimonial dispute.
HC Bench observed that. “In the instant petition, there can be no doubt that the information sought by Respondent No. 2 (wife) is ‘personal information’ of the petitioner and disclosure in such circumstances would amount to an unwarranted invasion of privacy:.
The case arose from a challenge by the husband to a CIC direction asking the Income Tax Department to furnish his net taxable income details from the financial year 2007–08 onwards. The request had been made by his wife in connection with a pending maintenance claim arising out of matrimonial proceedings.The husband argued that such information was protected under Section 8(1)(j) of the RTI Act, which exempts personal information from disclosure if it invades privacy.
HC Bench held that income tax returns fall squarely within the ambit of personal information and are ordinarily shielded from disclosure. On the scope of the “larger public interest” exception, the court cautioned against an expansive interpretation.
Bench expounded that, “The Act was enacted to promote transparency in the working of public authorities. It could not have been the intention of the legislature to allow disclosure of personal information of individuals, having no bearing on the public at large".
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