Privacy defined to check invasion

The Central Information Commission has tried to create a plausible definition of ‘privacy’ to assist lawmakers who might enact a clear law against ‘invasion of privacy’.

“One who intentionally intrudes, physically or otherwise, upon the solitude of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person,” the CIC picked up the definition from the US Restatement of the Law on Torts.

In a ruling on Tuesday, the information watchdog headed by Wajahat Habibullah ruled that details of property belonging to erstwhile princely states and owned by maharajas cannot be disclosed under the RTI. Basanti Lal Singhvi, an applicant, wanted to know about Saheliyon-Ki-Bari — a private property of the erstwhile maharaja of Udaipur.

He claimed to have purchased land from the royal in 1963. But a PIL said the property belonged to the government which the royal had no right to sell.In 1951, the ministry of states agreed to recognise Laxmi Vilas Palace and Sahelion-ki-badi gardens as the royal’s private property.

The issue of privacy cropped up after former ruler Arvind Singh said he would be harassed if the disclosure was made. He did not argue on violation of privacy.

“If an MP had sought information about the property, the home ministry would have taken the same stand and denied information,” Habibullah said. The CIC chief regretted that “we do not have a law of privacy in India. There’s no definition of ‘invasion of privacy’ in the RTI Act.