Jump to content
News Ticker
RAVEENA_O

DoPT - Personal details should not be disclosed while uploading RTI Applications/Appeals in website

Recommended Posts

RAVEENA_O

119428684_NoPersonalDetailsonWebsite.thumb.png.fe663a4e9530bf4719ce01d976a58375.pngDoPT issued clarifications, revisiting its previous instructions on uploading RTI Applications, Appeals and decisions on official website of public authorities vide its OM No. 1/1/2013/IR dated 07/10/2016. DoPT Clarified that the personal details of RTI applicant/appellant should not be disclosed as they do not serve any public interest. It is further clarified that the personal details would include name, designation, address,e-mail id and telephone no. including mobile no. of the applicant.

 

Copy of the OM can be accessed here >> http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/1_1_2013-IR-07102016.pdf

Share this post


Link to post
Share on other sites
Prasad GLN

Why they should not give that option to Applicants in the application itself like

PIO can upload the details of this application in their website YES / No.

When this is their stand, now no one can get RTI Applications of third party as certified copies from any Public Authority ?

Is the DOPT stand proper ?

Share this post


Link to post
Share on other sites
RAVEENA_O

In fact there is no mandatory condition to give the address of applicant. Therefore, in such cases, where the applicant do not want to conceal address can always avoid to indicate it in RTI Request.

Share this post


Link to post
Share on other sites
Prasad GLN

The query remain clarification is whether any citizen can get copy of RTI Application filed from PIO of that public authority.

(If DOPT directions are followed, PIO has to severe that particulars from application and should provide the application, and should not reject application entire)

Share this post


Link to post
Share on other sites
RTI_indian

Cic and SIC publish their decisions daily on website including names and addresses of applicants. Do pet's circular creates contradiction.. Please comment on this point.

 

Sent from my XT1068 using RTI INDIA mobile app

Share this post


Link to post
Share on other sites
Prasad GLN

The DOPT OMs not applicable to Information Commissions, and they have their own set of rules and regulations.

Share this post


Link to post
Share on other sites
Hamdani

What is the website address. Could you please tell us

Sent from my Redmi Note 3 using RTI INDIA mobile app

Share this post


Link to post
Share on other sites
Prasad GLN

The exact link is available in the thread but it is not opening due to server error.  Just google with that link.

Share this post


Link to post
Share on other sites
lav

अपने मोबाइल का कॉल डिटेल नहीं मिला है20190207_114031.jpg

Sent from my SM-J200G using RTI INDIA mobile app

Share this post


Link to post
Share on other sites
Prasad GLN

Can you please inform the query and content of the attachment as the letter is not clear for reading and to correlate as what was solicited and what was a response.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • karira
      By karira
      Plea for info on public servants' assets rejected
       
       
      On June 22, the Central Information Commission (CIC) rejected an appeal from an Right To Information (RTI) activist in Mumbai that sought information on assets and liabilities of certain officers of the Customs and Central Excise departments. Information Commissioner A N Tiwari rejected the appeal on the ground that it would violate the privacy of an individual.
       
      Rajesh Darak of Whistleblowers India had sought information on the assets and liabilities submitted by officers to the Customs department annually. However, it was denied by the Central Public Information officer and the appellate authority at Mumbai. Subsequently, Darak had appealed against the orders in the CIC.
       
      "Without this information, the citizen would never know if assets and liabilities of certain government officers are beyond their known source of income," said Darak. Interestingly, there are conflicting views among the State Information Commissions (SIC) as some of the states allow their citizens to access information related to assets and liabilities of government officers.
       
      RTI Activist Pramod Patil from Mumbai said, "This information is in public interest and hence should be made public. In Maharashtra, the information is available with the Establishment department, although I have not come across any case of citizens either being given information," said Patil.
       
      Vikram Simha, an RTI activist from Bangalore, says that floodgates have opened ever since the SIC allowed disclosure of assets of government servants in 2006 and in a parallel development the SIC also allowed an appeal seeking information on assets of government officers. "We are in the process of inspecting assets files of 6,500 employees of the Commercial Tax department. So far, we have inspected 90 files and come across discrepancies like several of the queries in the forms are unanswered," said Simha.
       
      Lamenting the decision of the CIC, Arvind Kejriwal, an RTI activist from the Delhi, said "I would rate this as a very regressive order. The fact that public servants are indulging in corruption merits public interest. Commissioner Tiwari has rejected the appeal as his own assets and liability would have to be made public."
       
      "The issue here is whether this information could be given to Parliament or the Assembly. If it cannot be denied to Parliament, then it cannot be denied to the citizens," said Bhaskar Prabhu, a Mumbai-based RTI activist.
       
      "As per the RTI Act, the citizen is the king. If information regarding assets are not given, then the citizens would not be empowered," he added.
       
      However, there are those, like noted activist Shailesh Gandhi of Mumbai, who do not believe in this view. "There is a conflict between an individual's privacy and general need. I do think some privacy is required. Whether an individual's private matters should be made public, is a debatable issue," said Gandhi.
      Jugal Rathi from Pune said: "Assets and liabilities of an individual is private information and the constitution protects the privacy of the individual. As per the RTI Act, if the public interest exceeds the privacy of individual, exceptions are made and information is provided under Section 8 of the Act. It cannot be a general rule; it has to be decided case to case."
       
      Plea for info on public servants' assets rejected - Yahoo! India News
    • sidmis
      By sidmis
      CIC Defines Privacy u/s 8(j)
       
      In the absenc of a of clear definition of what is meant by “invasion of privacy” in any India Acts & specifically RTI Act,05 the Chief Information Commission Shri Wajahat Habibullah in a recent decision gave new interpretatios to often misused section 8(j).
       
      He has quoted extensively from the UK's Data Protection Act, 1998 and USA's Law of Torts.
       
      Allowing the appeal by Sri Shailendra Verma, whose RTI application was rejected by the CPIO of Nuclear Power Corporation of India Ltd. (NCPI) Mumbai the CIC has ordered the CPIO to supply point wise information to each question sought by appellant.
       
      Here's some extract from CIC's decision.
       

      Decision Notice


       
      Having heard the arguments and examined the records, we find that the
      information provided remains incomplete. Although the list of select candidates and the marks of interview which would form the basis for their selection have been provided, their educational & technical qualifications & experience certificate has not. There is also no copy of any file noting. CPIO Shri Kakde has indeed in his letter of 11.10.06 offered inspection of records in any “particular case”, giving no reasons why file noting on the selection cannot be shown u/s 8(1)(j). We have no clear definition of what is meant by “invasion of privacy” within the RTI Act.
       
      We have, therefore in a number of decisions been guided in application of sec. 8(1)(j) by the U.K. Data Protection Act, 1998 and the U.S. Law
      of Torts.
       
      We have no equivalent of UK’s Data Protection Act, 1998, Sec 2 of
      which, titled Sensitive Personal Data, reads as follows:
      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.
       
      If we were to construe privacy to mean protection of personal data, this would be a suitable reference point to help define the concept. In this context, as may be seen the questions sought by appellant at are not of private information.
       
      The US Restatement of the Law, Second, Torts, § 652 defines the
      Intrusion to Privacy in the following manner:
       
      “One, who intentionally intrudes, physically or otherwise, upon the
      solitude or seclusion of another or his private affairs or concerns, is
      subject to liability to the other for invasion of his privacy, if the
      intrusion would be highly offensive to a reasonable person.”
      In the present case information sought is clearly information on a public activity which is selection for the post of HRM on 13th & 14th Sept., 2006.
       
      Recourse, therefore, cannot be taken to sec. 8(1) (j) in providing information. Shri R. R. Kakde, CPIO is, therefore, directed to supply point wise information to each question sought by appellant Shri Shailendra Verma in his application of 18.9.06, conceding that questions 1 & 4 stand answered. If the CPIO is of the view that providing this information would be detrimental to the safety of the preservation of the record in question, he will arrange inspection by appellant Shri Shailendra Verma on a mutually convenient date and time but arrange it by or before 28.2.2008.
       
      The appeal is thus allowed.
      Reserved in the hearing the decision is
      announced after receipt of supporting documents from CPIO on 30.1.08.
       
      Notice of this decision be given free of cost to the parties.
       
       
      (Wajahat Habibullah)
      Chief Information Commissioner
      30.1.2008
       
      Full Decision is available here.

Announcements

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy