Disclosure of personal information under the RTI
Disclosure of personal information under the RTI Act, 2005 – Information about the complaints made against an officer and action by Government amounting to personal information
Subject: Disclosure of personal information under the RTI Act, 2005.
“The performance of an employee/Officer in an organisation is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the apression ‘persona? information’, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which could cause unwarranted invasion of the privacy of that individual.” The Supreme Court further held that such information could be disclosed only if it would serve a larger public interest.
Date of hearing | : | 26/06/2013 |
Date of decision | : | 26/06/2013 |
Name of the Appellant | : | Sh. Manoj Arya,
(RTI Activists and Social Worker) 67, Sec- 12, CPWD Flats, R K Puram, New Delhi -110022 |
Name of the Public Authority | : | Central Public Information Officer, Cabinet Secretariat, (Vigilance & Complaint Cell), 2nd Floor, Sardar Patel Bhawan, New Delhi -110001 |
4. We have carefully gone through the contents of the RTI application and the order of the Appellate Authority. We have also considered the submissions of both the respondent and the third party in the case. The entire information sought by the Appellant revolves around the complaints made against an office of the government and any possible action the authorities might have taken on those complaints. The Appellate Authority was very right in deciding that this entire class of information was qualified as personal information within the – meaning of the provisions of Section 8 (i) (1) of the RTI Act. ‘In this connection, it is very pertinent to bite the decision of the Supreme Court of India in the SLP(C) No. 27734 of 2012 (Girish R Deshpande vs GIG and others) in which it has held that the performance of an employee/Officer in an organisation is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression personal information, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which could cause unwarranted invasion of the privacy of that individual.” The Supreme Court further held that such information could be disclosed only if it would serve a larger public interest.
The information sought by the Appellant in this case is about some complaints made against a government official and any possible action the authorities might have taken on thosecomplaints. It is, thus, clearly the kind of information which is envisaged in the above SupremeCourt order. Therefore, the information is completely exempted from disclosure under the provisions of the RTI Act which both the CPIO and the Appellate Authority have rightly cited in their respective orders.
Download DOPT Office Memorandum No. 11/2/2013-IR (Pt.) dated 14.08.2013