A distinction must be made between official information inherent to the position and those that are not which affect only the private life. Apparently, the balancing task to find out as to whether a particular information is a public information or an information relating to public duty is not that much easy. The balancing exercise necessarily depended on case to case basis on the following relevant considerations: (i)Whether information is deemed to comprise the individual's private details unrelated to his position in the organisation?
(ii)Whether the disclosure of personal information is with the aim of providing knowledge of the proper performance of the duties and task assigned to the public servants in any specific case? and
(iii)Whether the disclosure will furnish any information requires to establish accountability or transparency in the use of public resources?
An information relating to private duty which is not accessible by the public authority is an information as provided under Section 8(1)(j), that is a right of privacy. Nevertheless, if a government servant furnishes assets details to the Government and if he is accountable to file such assets details as required under the rules, such information relating to the assets cannot be considered to be public information which are inaccessible by the Government. Hence, the information relating to the assets declaration of I.A.S. Officers cannot be said to an information which could not be accessed by the public authority, as those informations are either no more confidential or private informations.
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