Delhi High Court Discusses Privacy Rights of PM Cares Fund Under RTI Act

Court's Remarks on PM Cares Fund Privacy

On Tuesday, the Delhi High Court expressed that the PM Cares Fund, despite being government-run, retains its privacy rights under the Right to Information (RTI) Act, as reported by a legal news outlet.

A division bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, highlighted the rights of third parties as outlined in Section 8(1)(j) of the RTI Act, which prohibits the release of personal information, distinct from the broader privacy rights protected under Article 21 of the Constitution.

Established in March 2020, the Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund aims to address various emergencies and distress situations arising from the Covid-19 pandemic.

The High Court questioned, “Does it lose its right to privacy simply because it is a state entity?” and emphasized the importance of privacy rights for all entities, regardless of their public function.

The bench noted that even if an organization is managed by the government, it still possesses a legal personality deserving of privacy rights. Upadhyaya remarked that the RTI Act protects third-party information from being disclosed in response to inquiries, asserting that there should be no distinction between the privacy rights of public and private trusts.

This discussion arose during an appeal for the release of documents submitted by the PM Cares Fund to obtain an income tax exemption.

Previously, the Central Information Commission had approved the request, instructing the Income Tax Department to release the information.

In January 2024, a single-judge bench of the High Court overturned this directive, stating that the commission lacked the authority to mandate such disclosures under Section 138 of the Income Tax Act.

Section 138 governs taxpayer information disclosure, and the single-judge bench concluded that this provision takes precedence over Section 22 of the RTI Act.

The applicant for the right to information subsequently appealed this ruling to the division bench.

During the recent hearing, the petitioner's counsel contended that the PM Cares Fund does not qualify for the exemptions outlined in Section 8(1)(j) of the RTI Act, arguing that a public charitable trust established by the government should not possess privacy rights under the statute.

The bench is scheduled to continue hearing the case on February 10.

The PM Cares Fund has faced scrutiny from opposition parties, raising concerns about its transparency and questioning the necessity of its establishment given the existence of the Prime Minister’s National Relief Fund.

In December 2020, the Union government stated in response to an RTI query that the fund was “owned and established” by the government but claimed it does not fall under the RTI Act due to its funding from private sources.

In September 2021, the government informed the High Court that the PM Cares Fund cannot be classified as either “the state” or a “public authority” under the RTI Act.