Many citizens in India use the Right to Information (RTI) Act to seek information from government bodies. However, not all information is accessible. This article examines a case where an RTI applicant sought call details of a Prasar Bharati officer. The Central Information Commission (CIC) ruled on whether such personal information can be disclosed under the RTI Act, providing crucial insights for both applicants and public authorities.
Background: What Information Was Sought
An RTI application was filed with Prasar Bharati, requesting the phone call details of a specific officer. The applicant was interested in the call history from both a landline and a mobile phone used officer. The Public Information Officer (PIO) responded 96 pages of phone bills after the applicant paid the necessary photocopying charges.
How the Public Authority Responded
The PIO’s initial response was to provide the phone bills. However, during the hearing before the Central Information Commission (CIC), it was clarified respondent (Prasar Bharati) that they only received summary telephone bills and not the detailed call records. They stated that the officer using these phones had a prescribed ceiling for usage, and any expenses beyond that ceiling were to be borne officer personally. This indicated that the calls made could, to some extent, be considered personal information of the officer.
The CIC Hearing: What Happened
In the hearing, the appellant reiterated their request for call details, including a list of all numbers called, whether locally or through roaming. The respondent maintained their stance that the organization only possessed the summary bills and not the itemized call details. They emphasized that the PIO had provided all the information available to the department. The respondent also highlighted that the officer’s phone usage was subject to a reimbursement ceiling, and calls beyond this limit were personal expenses. The Commission considered the arguments from both sides, focusing on the nature of the information requested and its availability with the public authority.
The CIC Order and Its Significance
The CIC observed that Prasar Bharati indeed received only summary telephone bills and did not possess the specific call details. Therefore, the PIO could not provide information that was not available to the department. The Commission clarified that the PIO is not obligated to generate or procure information, such as call details, from service providers to fulfill an RTI request. Furthermore, the CIC noted the respondent’s contention that the telephone calls made officer were, to a certain extent, personal information, especially considering the reimbursement ceiling. The Commission ruled that disclosing these call details would not serve any significant public interest and was not related to any public activity. Consequently, such information was deemed exempt from disclosure under Section 8(1)(j) of the RTI Act. This section protects personal information where its disclosure has no relationship to any public activity or interest, or would cause an unwarranted invasion of privacy, unless larger public interest justifies it.
Key Lessons for RTI Applicants
- Lesson 1: Information Availability is Key: You can only get information that is held public authority. The PIO is not required to create or obtain information from third parties (like service providers) to answer your RTI application.
- Lesson 2: Personal Information Protection: Information that is purely personal and has no bearing on public activity or interest is protected under Section 8(1)(j) of the RTI Act. This includes details that could invade an individual’s privacy.
- Lesson 3: Public Interest Justification: While personal information is generally exempt, it can be disclosed if the larger public interest justifies it. However, in this case, the CIC found no such overriding public interest.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department or organization holds the information you need.
- Clearly State Your Request: Be specific about the information you are seeking. If you are asking for call details, be aware that this information might be considered personal and exempt.
- Pay the Fees: Submit the RTI application with the prescribed fee.
- Follow Up: If you do not receive a response within the stipulated time (usually 30 days), you can file a First Appeal.
Sample RTI question you can use:
Please provide details of the official communication, if any, made officer regarding the usage of official telephones, including any policy or guidelines related to call limits and personal use, if available on record.
Conclusion
This case underscores an important principle of the RTI Act: while transparency is paramount, it must be balanced with the protection of personal privacy. Citizens can use RTI to access a vast amount of information, but understanding the exemptions, particularly those related to personal information under Section 8(1)(j), is crucial for framing effective RTI applications and managing expectations. Always ensure your request is for information that is held public authority and serves a genuine public interest.
