When someone files a complaint against you—whether with the police, a government department, or a vigilance unit—the first thing any person wants to know is: What exactly has been written about me? Many people try to get a copy using the Right to Information (RTI) Act, but PIOs often deny it, citing “personal information,” “third party,” or “safety concerns.”
A recent decision of the Central Information Commission (CIC) cuts through this confusion and answers a very important question:
Is a complaint filed against you considered their “personal information”?
Let’s break down the case in simple terms and understand the real legal position.
The Background: RTI Filed to See Complaints Made Woman
A man approached the Delhi Police under RTI asking for:
- Copies of complaints filed against him
- Copies of related documents
The PIO refused, citing two exemptions:
- Section 8(1)(g) – disclosure may endanger someone’s life or identify a confidential source
- Section 8(1)(e) – information held in a fiduciary (trust-based) relationship
The PIO also pointed out that the woman who filed the complaints did not consent to sharing them.
This is a very common response citizens receive, especially in matrimonial or neighbourhood disputes.
What the CIC Held: A Person Has a Right to Know What Is Alleged Against Them
The CIC was very clear:
A complaint filed against someone cannot be treated as the complainant’s personal information.
The Commission made three important observations:
1. The person accused has a right to know the allegations
This is a basic principle of natural justice—you must know what is being said about you, especially if it forms the basis of police action or administrative action.
2. Section 8(1)(g) does not apply
This exemption is meant for situations where disclosure might:
- Endanger someone’s life
- Reveal a confidential informant
- Affect law enforcement operations
In this case, both the complainant and the accused already knew each other. There was no secret source, and no safety issue.
3. It is not fiduciary information
Filing a complaint with the police or vigilance department is not a private fiduciary act—it is a statutory process. The department does not “hold it in trust” for the complainant.
The Final Direction
The CIC ordered the PIO to give the appellant a copy of all complaints filed woman in the Vigilance Department of the South West District.
No redaction, no withholding—full access.
Why This Matters: RTI Is Not Just for Transparency, It’s for Fairness
This case reinforces an important principle:
If someone files a complaint against you, you are entitled to know what has been written—even if they do not consent.
This protects citizens from:
- False complaints
- Misuse of police machinery
- Hidden allegations
- One-sided investigations
It also ensures that complaint mechanisms are not used secretly to harass or threaten people.
What You Can Ask for Under RTI in Similar Situations
You can request:
- Copy of complaint filed against you
- Copy of inquiry report
- Action taken report (ATR)
- Notes, file movement, endorsements
- Statements recorded during inquiry (unless it affects safety)
You cannot usually get:
- Personal documents of the complainant
- Contact details, family details, or private identifiers
But the complaint itself is not “personal information.”
Sample Practical Takeaway
If someone—neighbour, colleague, stranger, or estranged partner—files a complaint against you, and the department refuses to give you the copy, you can rely on this CIC reasoning:
- A complaint against you is not confidential
- Your right to defence overrides the complainant’s objection
- Exemptions under Section 8 do not apply when both parties know each other
Conclusion
The RTI Act is not just a transparency law—it is also a tool to protect citizens’ rights. Complaints filed against a person cannot be hidden under the guise of “personal information” or “third-party privacy.” The CIC’s view is straightforward: if someone has accused you, you have the right to read the complaint.
