Jump to content
  • 0

Personal Information


pratik226

Question

pratik226

Hello,My father had passed away and He gave me his car before his death.Now my elder brother is asking for all the details documents of that name transfer of that car from RTO Office.SO will he get those forms from RTO or not? Again I have read some where that this is my personal information so it should not be get publically exposed. But i am not sure about RTI rules thats why I am asking this.If any one know about this kindly let me know with the proper reference of government rules and regulation website link.Thank youWaiting for reply!XXXXXXXXXXXXXXXXXXXXXXXShah Pratik

Link to post
Share on other sites

11 answers to this question

Recommended Posts

  • 0
Prasad GLN

Kindly remove your personal particulars like e mail id as posting of the same is against discipline of the form.

 

Your brother is having equal right. The details of car is not a personal information, particularly after the death of your father, and that information is a Public record.

If the car is not mentioned in writing through a will in your name, or in absence of real signature of your father, your brother is having a legal right on the car.

I know some persons, particularly signing any name and getting the cars transferred in their name after death of the owner or on sale if real owner is not available (even after bonafide sale).

If there is such a case of transfer forgery after death, even his own father's signature against the interest of other legal heirs, in absence of a will or such a transfer letter with original signature member has to take enough precautions.

No way such particulars come under personal information of member, and PIO has to provide that information invariably as it is not exempted under Sec.8. Even if SPIO denies such information, if there is a transfer, the applicant can claim larger public interest by alleging forgery in signature and get the documents. Avoid problems.

Link to post
Share on other sites
  • 0
koteswararaonerella

the RTO if it is permissible can disclose certain details to third party as SPIO and you can stop him if they ask your consent.secondly there is no secret information that can be hidden in your case and therefore you need not get worried on this.

Link to post
Share on other sites
  • 0
  • Super Moderator
RAVEENA_O

Vehicle regiatration particulars are in public domain. Mere mention of personal information is not enough to deny it by PIO. Registration of vehicle is a public activity of RTO / RTA and therefore it cannot be denied feigning personal information.

Link to post
Share on other sites
  • 0
MANOJ B. PATEL

If a person enclose copy of his ration card as a address proof in process of vehicle registration i do not think such document is in public domain.

Link to post
Share on other sites
  • 0
  • Super Moderator
karira

What exactly is the "information" asked for ?Please reproduce the letter of the PIO, asking your approval to reveal the info, after deleting personal information/references.

Link to post
Share on other sites
  • 0
G.R.Vidyaranya

@MANOJ B\. PATEL - Dear Manoj bhai, any document given to a Public Authority for the purpose of getting any Govt. facility will be a public document, be it Ration Card or Birth/Caste/Income/Death Certificate etc. Moreover these documents itself were generated by a Govt. Agency and they will always be Public Documents. In Karnataka a liquor shop owner bid for liquor shop permit and paid 1.2 Cr and claimed to be a BPL applicant while bidding by enclosing copy of his BPL card. Now do you think any one who can bid 1.2 Cr is eligible for a BPL card and copy of his ration card is personal information worth protecting?

Link to post
Share on other sites
  • 0
MANOJ B. PATEL

Sir, it is very good because my one friend wanted a zerox copy of passport of xyz person from passport office but they denied because of third party. My friend came to know that concerned xyz has submitted a zerox copy of his passport as proof to obtain DL and BSNL land line telephone connection so now my friend will get the zerox copy of xyz's passport by filing RTI to RTO/BSNL. Thank you sir.

Link to post
Share on other sites
  • 0
  • Super Moderator
karira

@G\.R\.VidyaranayaSorry, replying in a hurry (please excuse typos and grammatical errors !)1. You are correct that these are public documents/records2. However, disclosure of these documents under RTI have to be under the provisions of RTI3. Therefore each document has to be looked at individually because there are subtle differences.For example, a birth certificate issued by the Municipal Corporation is a public document and can be disclosed completely (without any severance of any information).On the other hand if the applicant submitted his SSC marks list (which contains date of birth) as a proof of date of birth, for applying for a passport....then, even though it has become a public document, all details in that mark list cannot be disclosed directly. Because, although the date of birth is a matter of public record, the marks shown in the mark list are "personal". The PIO has to apply his mind to all this and decide accordingly. But, as you are well aware, not many PIOs "apply their minds". If I were the PIO, I would disclose the mark sheet containing the date of birth BUT would blacken out all the individual marks under Sec 8(1)(j) - WITHOUT even referring to the third party under Sec 11.====================Sec 11 is totally misunderstood by most people. Out of nearly 40 odd ICs/CICs I have appeared before, ONLY one - Ex IC A N Tiwari - properly understood the implication of that section. All others have absolutely no clue !(Sorry, rich text editor not working....so only plain text....cannot highlight anything !)Section 11: Third party information(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party......==============Let's break up and analyse phrase by phrase:1. Information should "relate" to third party OR2. Has been supplied by the third partyAND3. Treated as confidential by that third party (the word "that" is important)Now, legally I don't know, and there is no court interpretation till date, whether the "OR" in the above takes precedence over "AND" in the above break up. Various lawyers have told me various things - but none had convincing argumentsBut my Maths teacher who taught me logic and Venn diagrams, clearly proved to me that "AND" takes precedence over "OR".Therefore, as per my understanding, both 1. & 2. (in the above split up of the section) hold good ONLY if the third party has indicated it as "confidential".Now, try explaining this to a IC during a hearing.....Ha Ha Ha LOL.==========On the importance of the word "that"....(please see above)ONLY the third party who in 1 & 2 can treat something as "confidential" and no one else.Suppose, I submit something to a public authority.You, as a third party cannot treat it as "confidential" .Obvious, isn't it ?It took me 90 minutes to convince a Ex IC about this one simple thing !

Link to post
Share on other sites
  • 0
  • Super Moderator
karira

The above post lost ALL its formatting when I posted.I am not in a position to repost with correct formatting.Maybe when I am more free after 1 week or so.Members, please try to decipher the post yourself. Sorry. @Shrawan PathakPlease correct the situation....it took me nearly 30 minutes to make that post and now it is unreadable !Total waste of time.

Link to post
Share on other sites
  • 0
G.R.Vidyaranya

@karira ji I got the gist of what you said and I agree with you.

 

Hope the case gets tested in court.

 

Once a "sef assessment" property tax papers of Mr X was denied to me under third party clause. When I argued that the 3rd Party might have misrepresented the facts to pay less Tax, the PIO gave me a copy. I could argue and show Public Interest but Mr X could not prove confidentiality.

Link to post
Share on other sites
  • 0
GirijaSiva
Sir, it is very good because my one friend wanted a zerox copy of passport of xyz person from passport office but they denied because of third party. My friend came to know that concerned xyz has submitted a zerox copy of his passport as proof to obtain DL and BSNL land line telephone connection so now my friend will get the zerox copy of xyz's passport by filing RTI to RTO/BSNL. Thank you sir.

 

You can refer to Decision No. CIC/SG/A/2010/002600/12400, Appeal No. CIC/SG/A/2010/002600 dated 16th May 2011. The decision is 'Information provided in discharge of a statutory requirement can be provided'

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.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  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.

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    No members to show

  • Forum Statistics

    • Total Topics
      119,610
    • Total Posts
      427,658
  • Recently Browsing

    No registered users viewing this page.

×
×
  • Create New...

Important Information

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