The Allahabad High Court ruled that sensitive CCTV footage cannot be handed over directly under the RTI Act. It said applicants can seek preservation and production of the recording only through a competent court or forum.
The Allahabad High Court has held that CCTV footage sought under the Right to Information (RTI) Act cannot be directly disclosed to an applicant if it contains sensitive information and falls within the exemptions under the law. The court said such footage may be protected from disclosure under Section 8(1)(g) of the RTI Act.
At the same time, the Lucknow bench clarified that a person can seek preservation of such footage by filing a complaint before an appropriate court or competent commission. The concerned forum can then order the CCTV recording to be preserved and summon it for examination, if required.
The order was passed by a bench of Justices Shekhar B Saraf and Abhdesh Kumar Chaudhary while disposing of a writ petition filed by Shobhit Kashyap.
Kashyap had filed an RTI application on March 20, 2025, seeking various information, including complete CCTV footage. He also sought the imposition of the maximum penalty of Rs 25,000 on the official concerned for allegedly failing to provide the information, besides compensation for the harassment he claimed to have suffered.
During the hearing, the State Information Commission told the court that the CCTV footage contained sensitive information and could not be disclosed directly to Kashyap under Section 8(1)(g) of the RTI Act.
However, it said the footage could be made available if a court or competent commission directed its production.
Kashyap had relied on a Supreme Court judgment to contend that preservation of CCTV footage was a citizen’s right.
The court noted that courts and competent commissions have the power to direct preservation of CCTV footage and call for its production. However, it observed that Kashyap had not filed any complaint before a court or commission and had sought the footage only through the RTI route.