Have you ever wondered if you can get details of the text and picture messages sent to or from your mobile number using the Right to Information (RTI) Act? This is a common query, especially when trying to resolve disputes, gather evidence, or simply understand your communication history. The RTI Act empowers citizens to seek information from government bodies, but its scope is often misunderstood. This case delves into whether details of your text and picture messages are accessible under RTI and what happens when such information is not readily available. Understanding this can guide your RTI applications and manage your expectations.
Background: What Information Was Sought
In this instance, an applicant decided to use the RTI Act to get specific information from Bharat Sanchar Nigam Limited (BSNL). The applicant’s request was straightforward: they wanted to obtain the details of text and picture messages that had been received on their mobile number from a particular mobile number. This kind of information could be crucial for various personal or legal reasons. The applicant submitted a formal RTI application to BSNL, hoping to receive a clear and informative response from the Public Information Officer (PIO).
How the Public Authority Responded
BSNL, through its PIO, did provide a response to the applicant’s RTI request. However, the nature of this response became the central point of contention during the subsequent proceedings. The details of the PIO’s initial response are not explicitly stated here, but it’s clear that the applicant was not satisfied, leading them to pursue the matter further, eventually reaching the Central Information Commission (CIC).
The CIC Hearing: What Happened
The case was brought before the Central Information Commission (CIC) for a hearing. During the hearing, the representative from BSNL (the respondent) made a crucial submission. They stated that, from a technical standpoint, it is not possible for their system to extract information related to text and picture messages. Furthermore, they clarified that even Call Detail Records (CDRs) for the period requested appellant could not be provided. This was because the preservation period for such information is limited to only one year. The appellant, facing these technical limitations, raised a pertinent question: Are there any exemptions under the RTI Act that prevent the disclosure of such information? The respondent’s reply to this was that there is no inherent bar to disclosing the information if it is indeed available within their system. The core issue, therefore, shifted from a potential exemption to the actual availability of the requested data.
The CIC Order and Its Significance
After considering the arguments presented sides, the Central Information Commission (CIC) made its decision. The Commission ultimately rejected the appeal. The reason for rejection was clearly stated: the information requested appellant was not available in the records of the public authority. This means that while the RTI Act mandates disclosure of information, it can only provide what exists. If the system does not store or retain the specific data sought, the RTI Act cannot conjure it into existence. This order highlights a fundamental principle of RTI: the information sought must be held by, or under the control of, the public authority.
Key Lessons for RTI Applicants
- Lesson 1: Understand Data Retention Policies: This case underscores the importance of understanding how long public authorities retain different types of data. Information like text and picture messages might have a very short retention period, or not be stored in a retrievable format at all, due to technical limitations or privacy concerns. Always inquire about data retention periods if possible.
- Lesson 2: Information Must Exist: The RTI Act is about accessing existing information, not creating new records or compelling authorities to retrieve data that is no longer stored or was never captured in a usable format. If the information is technically impossible to extract, the RTI request will likely be denied.
- Lesson 3: Technical Feasibility Matters: When requesting technical data or communication logs, be aware that the feasibility of extraction is a key factor. The PIO can only provide what their systems allow. If a request is technically unfeasible, the authority may not be able to fulfill it, even if the information is not explicitly exempted.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or public sector undertaking (like BSNL in this case) holds the information you need.
- Draft Your Application Carefully: Clearly state the information you are seeking. Be specific about the mobile numbers, dates, and types of messages (text/picture).
- Submit the Application: Pay the requisite fee and submit the application to the PIO of the concerned authority. You can use the prescribed format available on the Department of Personnel & Training (DoPT) website or follow the online filing process if available.
- Follow Up and Appeal if Necessary: If you don’t receive a response within the stipulated 30 days (as per Section 7 of the RTI Act) or if the response is unsatisfactory, you can file a first appeal (under Section 19 of the RTI Act) and subsequently a second appeal to the CIC.
Sample RTI question you can use:
“Please provide details of text and picture messages exchanged between mobile number [Your Mobile Number] and mobile number [Other Mobile Number] for the period from [Start Date] to [End Date]. If such records are not maintained or retrievable, please provide the official reason and the applicable data retention policy.”
Conclusion
While the RTI Act is a powerful tool for transparency and accountability, it operates within the practical limitations of record-keeping and technical capabilities of public authorities. This case serves as a reminder that not all information is accessible through RTI, especially when it pertains to data that is not stored, is beyond the retention period, or is technically impossible to extract. However, understanding these limitations empowers citizens to file more effective RTI applications and to know their rights when faced with such challenges. Always remember to be specific in your requests and to understand that the RTI Act can only provide what is held government.
