'CCTV footage cannot be directly obtained under the RTI Act', observes Allahabad HC

CCTV footage sought under the Right to Information (RTI) Act cannot be directly handed over to an applicant if it contains sensitive information falling within statutory exemptions, the Allahabad High Court has ruled. The Lucknow bench comprising Justices Shekhar B Saraf and Abhdesh Kumar Chaudhary, however, clarified that a court or competent commission examining a complaint can direct authorities to preserve CCTV recordings and summon the footage if it is required for adjudicating the matter.

The court passed the order on Thursday while disposing of a writ petition filed by Shobhit Kashyap, who had sought information, including complete CCTV footage, through an RTI application filed on March 20, 2025. Kashyap had also sought imposition of the maximum penalty of Rs 25,000 on the official concerned for allegedly failing to furnish the information, besides compensation for the harassment he claimed to have suffered.

Sensitive information

During the hearing, the State Information Commission submitted that CCTV footage could contain sensitive information and therefore could not be disclosed directly to an RTI applicant in view of Section 8(1)(g) of the RTI Act. The provision exempts from disclosure information that could endanger the life or physical safety of any person or reveal the identity of a confidential source of information or assistance given for law enforcement or security purposes.

The commission, however, told the court that such footage could be made available if its production was ordered by a court or the commission itself. Kashyap relied on a Supreme Court judgment to argue that preservation of CCTV footage was a citizen's right. The High Court acknowledged that courts and competent commissions have the authority to call for CCTV recordings and order their preservation when necessary.

Complaint route available

The bench noted that Kashyap had not filed a complaint before an appropriate court or commission and had merely sought the footage through the RTI mechanism. In such circumstances, the recording could not be supplied directly to him, it held. The court nevertheless made it clear that the ruling did not prevent an aggrieved person from seeking preservation and examination of CCTV footage through the appropriate legal forum.

If Kashyap files a complaint before a competent court or commission, that forum would be entitled to direct that the relevant CCTV footage be preserved and could summon the actual recording for examination while considering the allegations, the bench said. The ruling thus draws a distinction between obtaining CCTV recordings directly as information under the RTI Act and securing the same footage as evidence through judicial or quasi-judicial proceedings.