Own records are not third party‘Own records are not third party information.’

Central Information Commission objected to Public Information Officer interpretation that asking for information about self through RTI is Personal information and is exempt under Section-8(1)(j) of RTI Act.  The PIO had rejected the application on the grounds that information about own file is third party information under RTI Act and cannot be disclosed. 

CIC directed that PIO needs to understand that section 8 (1) (J) applies only in those cases wherein the information is sought by a third party, in the present case the information seeker is seeking her own information and in such cases the exemption cannot be applied.

Own records are not third party

The applicant Probation period was extended without her knowledge and she requested to know why. However, Public Information Officer denied the information. CIC decided in her favour and directed that exemption under Section-8(1)(j) cannot be applied for claiming exemption when the information is sought by the employee himself/herself. The decision can be read here!

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  1. sir / request clarification on the dcuments obtained under RTI ARE TREATED AS AUTHENTIC BEFORE COURT ON DEFENDING CASE

  2. Normally, any information adverse to the candidate, shall be informed to the candidate. Administration has to serve a show cause notice on the candidate. If the explanation is not satisfied then action has to be initiated. In this case, the natural justice has been denied to the candidate. On seeking information, under the act also denied with some unwarranted reply. It is not correct. Irrespective of Dept./State/Private or public, it is necessary to follow the rules. Not following the rules is always wrong on the part of department. The orders of the CIC has given the applicant a weapon to fight the wrong doing by the Management.

  3. Fortunately, the appellant has attended all the way from Kolkata, without fear on her job. But for his personal appearance, and but for this Hon IC, it is some other IC, his decision should have been opposite. The practice of informing the poor performance must be done atleast within one month before completion of probation. Even after more than a decade even teachers could not interpret single important stipulation ‘personal information’ and several states are educating RTI in schools. Teachers, first learn and then teach.