Topic Identifier

Poll: Should Annual Confidential Report of Officials be disclosed under RTI?

Page 8 of 57 FirstFirst ... 345678910111213 ... LastLast
Results 57 to 64 of 456

Thread: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act

  1. #57
    Posts
    2,671
    Blog Entries
    12
    Mentioned
    9 Post(s)
    Tagged
    1 Thread(s)
    Rep Power
    40

    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    The current view of the Govt. on this issue is clarified in the DOPT OM Dt. 21/9/2007. It clarifies that the disclosure of ACR to anyother person would cause unwarrented invasion of privacy. Besides, it is a confidential document. It is covered under Official Secrets Act. Hence Sec 8(2) of the Act gives discretion to the public authority to disclose or not. IF THE PUBLIC INTEREST IN DISCLOSURE OUTWEIGHS THE PROTECTED PERSONAL INTEREST, then it can be disclosed. Decision to disclose is to be taken by the competent authority. Who will be competent authority will be decided by the Public Authority.



  2. #58
    Posts
    296
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Rep Power
    13

    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Dear taurus,
    It seems to be an old position. With coming of decisions of the Tripura Information Commission and the Punjab Information Commission, the position has changed a lot.

  3. #59
    Posts
    2,671
    Blog Entries
    12
    Mentioned
    9 Post(s)
    Tagged
    1 Thread(s)
    Rep Power
    40

    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Quote Originally Posted by vashisthvivek View Post
    Dear taurus,
    It seems to be an old position. With coming of decisions of the Tripura Information Commission and the Punjab Information Commission, the position has changed a lot.
    Sorry. I am not aware of the decisions of Tripura and Punjab Information Commission's decisions. But I have only stated the stand taken by CIC. That has not been changed so far.

  4. #60
    Posts
    296
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Rep Power
    13

    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act



    'Dear taurus,
    The decision of the Punjab State Information Commission is available on the following thread :
    ACRs can be accessed : Punjab State Information Commission
    <!-- google_ad_section_end -->

  5. #61
    Posts
    296
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Rep Power
    13

    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    The decision of Tripura Information is commission is attached herewith.

  6. #62
    Posts
    44,119
    Name:
    C J Karira
    Blog Entries
    9
    Mentioned
    45 Post(s)
    Tagged
    16 Thread(s)
    Rep Power
    548

    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Quote Originally Posted by taurus View Post
    The current view of the Govt. on this issue is clarified in the DOPT OM Dt. 21/9/2007. It clarifies that the disclosure of ACR to anyother person would cause unwarrented invasion of privacy. Besides, it is a confidential document. It is covered under Official Secrets Act. Hence Sec 8(2) of the Act gives discretion to the public authority to disclose or not. IF THE PUBLIC INTEREST IN DISCLOSURE OUTWEIGHS THE PROTECTED PERSONAL INTEREST, then it can be disclosed. Decision to disclose is to be taken by the competent authority. Who will be competent authority will be decided by the Public Authority.
    PRIVACY

    There is no clear definition of "privacy" anywhere in the RTI Act.

    The CIC relies on the definition of "privacy" construed as "protection of personal data" as defined in the UK's Data Protection Act, 1998, Sec 2:

    In this Act, "sensitive personal data" means personal data consisting of information as to:

    a) The racial or ethnic origin of the data subject
    b) His political opinions
    c) His religious beliefs or other beliefs of a similar nature
    d) Whether he is a member of a Trade Union
    e) His physical or mental health or condition
    f) His sexual life
    g) The commission or alleged commission by him of any offence
    h) Any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.

    Although, I have never seen a ACR in my life, I am sure that a ACR should never include anything from a) to f).
    If it does include any information regarding items g) and h) above, they will surely pertain to complaints made against the officer while discharging his duties or offences committed by him during discharge of his duties as a public servant (for example taking bribe, etc.).
    This type of information can surely never be termed as private but is in the general public interest.



  7. #63
    Posts
    70
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Rep Power
    10

    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    Quote Originally Posted by karira View Post
    Agree totally.
    If a subordinates performance is poor or certain areas are weak, he needs to be told and informed. Otherwise how will he ever know where or what areas need improvement.
    Similarly, if his reports are good, he should also be told...this will motivate him further.
    Why is a 3rd person interested at all in the evaluation process ?

    I agree too.

  8. #64
    Posts
    9
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Rep Power
    10

    Re: Disclosures of Annual Confidential Reports (ACR) comes under Official Secret Act


    ACRs.

    Most important document in the employees life. His career depends on the ACRs.

    The basic purpose of the ACRs are to evaluate the employee. and to know the higher authority about the works (duty) done by the subordinate employee.


    But in the INDIA, Many role is been played to effect (positive as well as adverse) the one's career.

    If ACRs are the public document, even than the employees career / other normal life could be horrible. IF the third party uses it against the honest one.

    And the same way dis-honest one's will never be come under the secrate document category.

    So, it is valid that the ACRs would be available to the person (applicant), after deciding the purpose of the ACRs.

Page 8 of 57 FirstFirst ... 345678910111213 ... LastLast


About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook RSS Feed Apple App Store Google Play for Android