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Storage of Income Tax records are in outdated format- CIC was informed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the privacy, the record keeping in the public authority as explained by the Income Tax Department was in an outdated format and not upgraded utilizing the modern technological tools.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




Own records are not third party

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.

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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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