The Conflict Between RTI And The Right To Privacy Reconciliation And Harmonization

Trilok Choudhary, Gujarat National Law University

ABSTRACT

It's remarkable how the Right to Information and the Right to Privacy two of the most valuable rights provided in our constitution, live as complementary rights in the Indian legal system while being opposed, contradictory, and hostile to one another. In today's fast-paced, contemporary world, where the task of safeguarding an individual’s personal information and keeping it confidential is turning into a challenge, both rights are essential for a human being's existence. Despite the fact that neither right is explicitly mentioned in the Indian Constitution, the Supreme Court of India has held in a number of decisions that both are fundamental rights, with the Right to Information falling under Art. 19(1) (a) and the Right to Privacy falls under Article 21 of the Constitution. New technological and sociological trends are increasingly jeopardizing individual privacy. In such a circumstance, making a choice between as to which fundamental right is given priority is critical: thus facing us is an industrious task of choosing one right over another and also to lay the method of making that choice. Following an analysis, through this article, I have tried to lay stress on the significance of each right, in addition to numerous conflicts that exist between them, as well as possible solutions to the problems at hand.