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Storage of Income Tax records are in outdated format- CIC was informed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the privacy, the record keeping in the public authority as explained by the Income Tax Department was in an outdated format and not upgraded utilizing the modern technological tools.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




Disclosure of objections of the third-party is a right

third-party-decisionWithout Disclosure of objections of the third-party information, the appellant cannot make an informed judgement about challenging the Appellate Authority (AA) decision. Denying the RTI Applicant the requested information will mean handicapping him in exercising his legal right. A decision not to disclose the information to the petitioner in view of the objections of the third-party is itself justiciable.

CIC noted that:

The petitioner has every right to question the decision of the CPIO or the AA about not disclosing a third-party related information ― a right which cannot be discharged unless the full facts about the reason for objection by the third-party is disclosed to the petitioner.

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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 ›




Name and Educational Qualification can never be considered as private information

Name and Educational QualificationName 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 ›




Medical details of the spouse of an officer is personal information

Medical details of the spouseIt is a settled proposition of law that details of official tours, leave record of a public servant are not exempted per se from disclosure. The citizenry has a right to seek information regarding acts done by a public servant in discharge of his official duties except when the same is qualified under Section 8 of the RTI Act, 2005.

Medical details of the spouse of an officer is personal information

The CIC in its decision stated that medical details of the spouse of concerned officer are personal in nature and revelation thereof shall cause unwarranted invasion of the privacy.

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  1. Privacy Rights of Public Servants

The decision is available here!




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