Blog Archives

Storage of Income Tax records are in outdated format- CIC was informed

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maintaining the privacy, the record keeping in the public authority as explained by the Income Tax Department was in an outdated format and not upgraded utilizing the modern technological tools.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 ›

CIC imposed penalty over both PIO and RTI Applicant

child privacy under rti actIn 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 ›

Privacy Rights of Public Servants

Privacy Rights of Public ServantsIn 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 ›

Joint Inspection of unauthorised construction in MCD under RTI Act

UNAUTHORISED CONSTRUCTION IN MCDThe commission has not allowed joint inspection of properties under MCD by using RTI Act provisions where the contention of inspection was  to expose unauthorised construction in the larger public interest and that it’s an exercise to disclose conspiracy between the Officers of MCD and constructers.

Inspection of the ‘information’ would certainly not include private ‘house property’ as it would lead to interpretation of section 2 (f) and 2 (j) in too liberal a fashion. It is only the report/document/sample generated after inspection and which is within the domain of the public authority that can be accessed under the provisions of the RTI Act. ‘Any material in any form’ may not be equated with the term ‘material in ANY FORM’ as such comparison is odious and evidently overreaches the legislative intent. Read more ›

The Risk of RTI

If RTI is a common man tool, there are always Risk of RTI too. Information which was clearly in the nature of personal information relating to the Passport of a lady got disclosed to a third party.  The lady rightly got aggrieved because of this decision of the CPIO which resulted in Loss of Privacy due to RTI. Her husband was living in Canada since 7 September 2011 while his brother lived here in India. She alleged that the brother living in India had applied for information by faking the signature of her husband and the passport office had issued a notice to her under section 11 of the RTI Act before disclosing the information. She had objected to the disclosure but, in spite of that, the CPIO went ahead and disclosed not only the fact that her passport had been impounded but also some other personal details, like the copy of her schools certificate. Read more ›

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