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Sundeep Nigam

RTI query

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Sundeep Nigam

One lady filed a RTI asking  (1)" how many child she gave birth in our hospital between 1987 to 1990.(2)" what were the date and time of birth of those child.. . Does the RTI act enforce us to search a old record to prepare a RTI reply?

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Prasad GLN

Though PIO is expected to search the record and provide details, it is the duty of applicant to provide precise details.  Infact, there is no head or tail to the query.

Who is the mother and what is her name ?

Who is the applicant ?

What details were given to PIO for providing that information.

Simply reply as follows:

REPLY: Please provide precise details of Name of mother, father, exact date of birth enabling us to provide the information, as it is not practically possible to find the solicited information without precise details.

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Sundeep Nigam
Posted (edited)

@Prasad GLN thanks sir for replying, let me elaborate RTI filed by a lady name mentioned in RTI , father name mentioned address mentioned  , thumb impression of lady is there on RTI.  Query is date and time of birth deliveries done by her between 1.1.87 to 31.12.90.

Same  RTI was first filed by other person claiming to be son of that lady wanted to know date and time of birth of delivered babies between these 4 yrs by his mother.

Now he has used thumb impression ,&  name of the lady .for knowing the details ..Our doubt is the 33 old old record may have some missed or destroyed pages  duplication of same name and husband name and address . And searching 365 x 4 pages .

RTI query should be specific not a spying activity to know the date and time of birth . 

Edited by Sundeep Nigam

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Prasad GLN

As a matter of fact SPIO is not supposed to go into purpose of the information and never record such opinions like "spying activity", "Thumb impression etc"

If you have the information provide it if not exempted.

If exempted, state such exemption in Sec.8 sub section 1..details and justify.

In this case just ask them to provide precise date or details as it is a herculean task to search 1500 pages in a situation like KOVID.

ASK him to come for inspection with such ID particulars and ask them to search the available records.

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Sundeep Nigam

@Prasad GLN  thanks of replying sir if a son is asking how many deliveries his mother have , what were the time of delivery  after 33 yrs  this is not a normal thing , using RTI as a tool.

 

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Prasad GLN

In  Post No.2 I have tried to explain the obligation.  Either provide information if not exempted or deny information stating such exemption and justification.  This is the only obligation.

Never use single extra word or comment against any applicants as that may satisfy your ego but never brings any added advantage.

Be polite and ask him to come for inspection and check the facts.

If I am in your position I will simply deny to provide the information stating that it is personal information of the mother 8 (1) (j)  and I will ask him to provide the address of mother for having her comments and then deny information that there is no larger public interest involved. (Even when she is not living, according to me it is outraging modesty of a woman)  This information is certainly an invasion on privacy of woman and more over the lady is a mother.

RTI Act is not stipulating any reasons for seeking information.  When the object of RTI Act is transparency and accountability, I fail to understand as to what is larger public interest in son knowing delivering of mother for 33 years in a hospital.  Even when SPIO doubts that there is extortion or black mail element through that information, he can not deny on such suspicions.

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Sundeep Nigam

@Prasad GLN thanks for enlightening about the nitty-gritty of RTI. Sir please guide me can we ask the lady to come herself in her first appeal.We are sure her son will come with authority letter having thumb impression of the lady. My second query is can we show them the regsiter which contain birth details of other patients who who delivered i those 4 years . 

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Prasad GLN

One has to follow the laid down practices.

At first place deny information stating that the information amounts to invasion on privacy of woman and exempted from disclosure under Sec.8 (1) (j), let him go for first appeal and second appeal.  Stand on that point that the information certainly amounts to invasion on privacy.  Let IC decide the issue.

In case of appellants, if PIO wishes to permit inspection, PIO must also accept the authorisation given by such applicant.

The register is a public record and it must be provided for inspection to any citizen as is where is basis if PIO wishes to provide the information. 

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