CCTV footage cannot be provided directly under RTI: Allahabad High Court

The order was passed on a plea challenging an order passed by the Uttar Pradesh State Information Commission and seeking directions for the supply of CCTV footage sought through an RTI application, along with action against the concerned authorities.

Justices Shekhar B Saraf and Abdhesh Kumar Chaudhary noted that the petitioner did not file any complaint before any Court or Commission and had directly sought the CCTV footage.

CCTV footage under RTI

The petitioner had relied on the Supreme Court’s decision, arguing that the preservation of CCTV footage was his right. The counsel appearing on behalf of the State Information Commission submitted that the CCTV footage contains sensitive information and falls within the exceptions contemplated under the Right to Information Act, 2005. He further stated that the said footage may be provided to the Court/Commission, if so directed, but cannot be provided directly to the applicant.

The Court noted that the Supreme Court had recognised the power of courts and commissions to call for CCTV footage and direct its preservation. The however found that the petitioner had sought the footage directly without filing any complaint before any court or commission. It therefore held that the footage could not be provided directly to the petitioner as it was covered by the exemption contained under the RTI Act.

The court disposed of the plea by saying that if the petitioner filed a complaint before an appropriate forum or court, that forum could direct the preservation of the CCTV footage and call for the actual footage to verify the allegations made in the complaint.

Exemptions under RTI

Section 8 of the Right to Information Act, 2005 lists categories of information that public authorities are not obliged to disclose. These include information affecting national security, information prohibited by courts, privileged legislative material, trade secrets, fiduciary and confidential information, and information received from foreign governments.

It also exempts information whose disclosure could endanger a person’s life or safety, impede investigations, or invade an individual’s privacy. Cabinet papers are also protected until a decision is taken and the matter is complete. Several exemptions may nevertheless be overridden where the competent authority finds that a larger public interest warrants disclosure.