Many citizens face situations where crucial information lies with private entities but is vital for their understanding of government processes or entitlements. This case highlights a significant aspect of the Right to Information (RTI) Act: whether public authorities are obligated to obtain information from private bodies to provide it to an RTI applicant. This ruling is a game-changer for anyone seeking clarity on medical treatments, government-empanelled services, or other areas where private institutions interact with public schemes.
Background: What Information Was Sought
The RTI applicant in this case sought specific medical records related to the treatment of her husband, father-in-law, and mother-in-law. These treatments were received at two hospitals: Metro Multispecialty Hospital and Metro Hospital and Heart Institute. Crucially, both these hospitals were empanelled under the Central Government Health Scheme (CGHS). The applicant’s husband, a Sub Inspector in Delhi Police, had submitted medical bills for reimbursement, but some of these were not approved, leading to departmental action against him. To understand the situation better and potentially address the issue, the applicant filed an RTI application with the Central Government Health Scheme (CGHS). She requested copies of OPD records, inpatient records, pharmacy records, and radiology and pathology test records pertaining to her family members’ treatments.
How the Public Authority Responded
While the case details don’t explicitly state the initial response of the Public Information Officer (PIO) of CGHS, the fact that it reached the Central Information Commission (CIC) implies that the information was either denied, delayed, or deemed unavailable initial authority. Often, public authorities may claim they do not hold records directly from private entities, especially when the primary service provider is a private hospital, even if it’s empanelled with a government scheme.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the core issue revolved around the definition of “information” under Section 2(f) of the RTI Act and the extent of a public authority’s responsibility. The applicant argued that since the hospitals were empanelled with CGHS and the treatments were potentially covered under a government scheme, the CGHS, as the public authority, should be able to access and provide these records. The CIC examined the legal provisions that empower public authorities to access information from private bodies when such access is permissible under other existing laws.
The CIC Order and Its Significance
The Central Information Commission (CIC) delivered a landmark decision in this case. The Commission observed that the CGHS authorities are indeed empowered to obtain the requested information from the hospitals. This power stems directly from Section 2(f) of the RTI Act. This section defines “information” to include “information relating to any private body which can be accessed public authority under any other law for the time being in force.” In essence, if a public authority has a legal right or mechanism to access information from a private entity, then that information is considered accessible under the RTI Act and must be provided to an applicant, provided it doesn’t fall under any exemptions. Consequently, the CIC directed the PIO of CGHS to proactively collect the necessary medical information from both Metro Multispecialty Hospital and Metro Hospital and Heart Institute and furnish it to the appellant. This order clarifies that government departments cannot shy away from their responsibility to procure information from empanelled private service providers when it falls within the purview of their functioning and is sought under the RTI Act.
Key Lessons for RTI Applicants
- Lesson 1: Understand the Definition of “Information”: The RTI Act’s definition of information is broad and includes data held bodies if a public authority can access it under another law. This case emphasizes that you can seek information from a public authority even if the original records are with a private entity, provided the public authority has a legal right to access it.
- Lesson 2: Identify the Correct Public Authority: In cases involving government schemes and private service providers, identify the government department or agency responsible for overseeing that scheme. This is the public authority you should direct your RTI application to. In this instance, CGHS was the correct authority for accessing records from CGHS-empanelled hospitals.
- Lesson 3: Reference Relevant Laws: While you don’t need to be a legal expert, understanding that public authorities can access private information under “any other law” is crucial. This principle, as interpreted CIC, strengthens your RTI application when dealing with private entities linked to public functions.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department or agency is responsible for the scheme or service related to your query.
- Clearly State Your Request: Be specific about the information you need. Mention the private entity holding the information and the reason you are seeking it from the public authority.
- Cite the RTI Act: While not mandatory, you can subtly allude to the fact that the information is accessible to the public authority under existing laws.
- Submit the Application: File the RTI application with the designated Public Information Officer (PIO) of the identified public authority and pay the prescribed fee.
Sample RTI question you can use:
“Please provide copies of all medical records, including OPD slips, inpatient records, pharmacy bills, and radiology and pathology test reports, pertaining to the treatment of [Name of Patient] at [Name of Private Hospital] during the period [Start Date] to [End Date]. As [Name of Private Hospital] is empanelled with [Name of Government Scheme/Department], please obtain and furnish this information as per Section 2(f) of the RTI Act, 2005.”
Conclusion
This CIC decision is a significant victory for transparency and accountability. It empowers citizens to seek information held entities when that information is relevant to public administration and accessible public authority under the law. their rights and the scope of the RTI Act, individuals can effectively leverage this powerful tool to obtain crucial information, even when it resides outside direct government control. Remember, the RTI Act is your right, use it wisely!
