can we ask for matters covered under personal rights?

[aparna]

Hello,
My question is:
Should the application for information be confined to the administrative matters of the public authorities only or can citizens ask for matters in which his own personal rights or individual crimes involved?

[kushal]

The information officer is bound to give both types of information.

[mohitgarg]

I thought that only public matters cover under RTI. Now I understood.

[maneesh]

Originally Posted by kushal

The information officer is bound to give both types of information.

The exception and the third party consideration always comes into picture.
Above all lets not forget the preamble which is the soul of the RTI act.

And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;

And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;

And whereas it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;

[bkumar]

Hi,
I guess there would be some exceptions with regards to his involvement in indivual crime. As crime may have many dimensions and may also be linked with major security related issues concerning the nation.
rgds.
Brajesh

[vijendra singh]

each & every info can be asked under rti act05 exept very very much personal matters or national security matters.

[mpai]

Originally Posted by vijendra singh

each & every info can be asked under rti act05 exept very very much personal matters or national security matters.

I am afraid, you are going a bit too far. Please check the reply by Maneesh. He is to the point and correct.

Further, even nations security matter can be accessed under RTI Act. Meaning, you can inspect all the security related files and documents, provided you provide sufficient cause on the larger public interest. Of course, you may not get any copies of the documents, as they fall under exemption category. I have myself inspected several such highly classified and secret documents.

It all depends issues involved. Seeking information on personal matter is also important, as it can also help point out the lapses involved and ease administritave delay. However, I would recommend that far as possible, try to access only those information on larger public interest.

Manoj

[abhi987]

Please go through section 8 (1) ( j ) of the RTI Act, 2005 which is as follows:

section 8 (1) ( j ) "information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person."

If the information justifies larger public interest and cannot be denied to the Parliament or a State Legislature you cannot be denied.

Abhi.

[mpai]

Originally Posted by abhi987

If the information justifies larger public interest and cannot be denied to the Parliament or a State Legislature you cannot be denied.

Abhi.

I am afraid, you are wrong. Its not necessary that if any information cannot be denied to the Parliament or a State Legislature, you cannot be denied. Kindly check the Gujarat HC decision Reliance Industries V/s GIC and also the recent Delhi HC decision on Bhagat Singh.

Further, Wajahat has also defined "intrusion of privacy" in a very decent manner. If the requested information fall in this category, even if it can be provided to the Parliament, it can be denied to you.

Its no cake walk.

The full bench decision on Section 8(1)(c) concerning parliamentary previlages is still pending before the CIC. Even if the CIC rules in the favor of disclosure, chances are that the information on "matters covered under personal rights" can still be exempted.

Take care

Manoj

[abhi987]

Hi Manoj,

I appreciate your point of view. It indeed is debatable.

The point is a parliamentarian may become a defense minister and by virtue of that he may have access to certain information which cannot be disclosed to one and all, which may have taken care of under one of the RTI Act sections (Section 8), but generally speaking if the personal information concerns the larger public interests one has a right to know, for example criminal record of a person who is a goverment servant.

I think the basic spirit of RTI Act is that well, a citizen is the one who elects the government, may it be state or central, moreover the basic principle of democracy is that government is of the people, by the people and for the people.

Hence a citizen if not superior is at par with the government elected by him.

And so if the information justifies larger public interest and cannot be denied to the Parliament or a State Legislature you cannot be denied.