On a second appeal hearing filed in reference to leakages of Confidential Data filed by the Tax Payer, it was observed that maintaining the privacy, the record keeping in the public authority as explained by the Income Tax Department was in an outdated format and not upgraded utilizing the modern technological tools.
Commission after considering the gravity and seriousness of the issues raised by the Appellant, found that there is an emergent requirement to investigate the root cause of the leakages of Confidential Data filed by the Tax Payers and plug the loopholes forthwith. The commission asked Pr. CCIT to investigate the matter considering that it is essential to protect the Confidential Financial Data filed by millions of Tax Payers from falling into wrong hands in the larger public interest. Read more ›
When an RTI Applicant sought information from National Bal Bhawan on enquiry report/orders of the two member committee inquiry about the purchase of 100 ACs for the National Bal Bhavan and the related electrical works First Appellate Authority (FAA) denied information on the grounds that it is exempted under RTI Act, the same is hit by Section 8(1)(j) of the RTI Act as it is personal information and disclosure of which is not in larger public interest. Read more about what is Privacy under RTI Act.
The Central Information Commission (CIC) declined to accept the contentions of the Respondent authority and directs them to furnish the 2 Member Inquiry report and other information sought by the appellant. Read more ›
In an unprecedented decision, CIC imposed a penalty over RTI Applicant even though the RTI Act do not provide for the same. Central Information Commission while deciding the case recorded that “Though the RTI Act has not provided to impose penalty against the RTI applicant, the Commission record its contempt against RTI Applicant for misusing the RTI Act against the school child and imposed a penalty of Re. 10/ which is to be paid to the Principal of the School”.
Commission, also directed the then CPIO and the Principal of the School to show cause why maximum penalty should not be imposed on both of them and disciplinary action be initiated against both of them for not complying with the provision of Section 11 of RTI Act and causing breach of the privacy of the child and his parents. The Commission directs the Principal and CPIO to show cause why compensation of Rs 1000 each be paid to the child for the loss they caused by breaching his privacy.
The Commission holds that information exempted under section 8(1)(j) was disclosed and because of which the right to privacy of the child and his parents was violated by the Principal and CPIO. The Commission directs the CPIO and Principal not to disclose the personal information of the students to any person, much less to his so called relatives without following the procedure under Section 11 of the RTI Act. Read more ›
Name and Educational Qualification can never be considered as private information. Address of an applicant in certain context can be protected from disclosure where security issues are raised. This was stated by Central Information Commission in one of its latest decision.
The appellant had pleaded that when an applicant gives an application along with certain details which are required for consideration for appointment on compassionate ground, then it cannot be considered as private information. It is the duty of authority to explain why particular application is considered while others are rejected, when a case is taken up naturally and why others are put in cold storage. Read more ›
In a significant decision regarding Privacy Rights of Public Servants, CIC holds that the Copies of property returns, Form 16, copies of complaints against an officer, salary statement(Pay slip), loan details without establishing larger public interest or consent from the party whose details are sought, fall under the category of personal information, disclosure of which would cause unwarranted invasion of his privacy and thus shall not be disclosed to the persons. If you have any question regarding the above, you can post at our forum here, where our active member shall engage in discussions to answer your questions.
CIC has quoted two court decisions in this regards:
1. Hon’ble Delhi High Court in the case of Vijay Prakash Vs. Union of India [AIR2010Delhi7]
2. Hon’ble Supreme Court in the case of Girish Ramchandra Deshpande Vs. CIC [2012(9)SCALE700]
If you want to file RTI Online, please visit our Article here! Read more ›