Losing a loved one is an incredibly difficult time, and often, questions arise about their final days. For many citizens, the Right to Information (RTI) Act, 2005, offers a powerful tool to seek clarity, even when it comes to sensitive personal information like medical records. This article delves into a case where a son sought his deceased father’s medical information and how the Central Information Commission (CIC) ruled, highlighting crucial lessons for RTI applicants dealing with similar situations.
Background: What Information Was Sought
In this particular case, an RTI applicant approached a Public Information Officer (PIO) with a crucial request. He sought specific details concerning his late father’s passing. This included information on the cause of death, the duration of his illness, the nature of his ailment, and importantly, copies of his medical reports. These were not mere requests for general information; they were deeply personal inquiries stemming from a place of seeking understanding and closure.
How the Public Authority Responded
The initial response from the PIO was a denial. The PIO invoked Section 8(1)(j) of the RTI Act, which exempts information that is personal and has no relation to public activity or interest, or would cause an unwarranted invasion of privacy. The PIO argued that the requested medical information was personal to the deceased and its disclosure would violate privacy. The First Appellate Authority (FAA) further complicated matters that the deceased was not an employee of the department but a beneficiary under a Corporate Health Service Scheme (CHSS). The FAA also cited the Medical Council of India’s Code of Professional Conduct, which protects medical information, as a reason for denial.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the PIO acknowledged that the matter was quite old, dating back about 10 years. The PIO also mentioned that the records might have already been provided to the appellant’s sister and expressed uncertainty about the current availability of the records. This admission PIO was a significant point in the proceedings, as it shifted the focus from absolute denial to the practical aspect of record availability.
The CIC Order and Its Significance
The CIC, after hearing the arguments and considering the facts, delivered a crucial order. The Commission directed the PIO to provide an attested photocopy of the records to the appellant, if they were available. Crucially, the CIC also stipulated that if the records were no longer available, this fact should be clearly communicated to the appellant. This order is significant because it balances the right to information with the considerations of privacy and record availability. It acknowledges that while privacy is important, in certain circumstances, such as seeking information about a deceased family member’s medical history, disclosure might be warranted, especially if the records are indeed available.
Key Lessons for RTI Applicants
- Lesson 1: Persistence in Seeking Information About Deceased Relatives: This case demonstrates that even when dealing with personal information like medical records of a deceased family member, the RTI Act can be a viable route. Do not be deterred denials based solely on privacy concerns, especially if you are a legal heir or closely related.
- Lesson 2: The Importance of Record Availability: The CIC’s emphasis on the availability of records is a critical takeaway. If the information sought is no longer in existence, the public authority is not obligated to create it. However, they must clearly state that the records are not available.
- Lesson 3: Understanding Section 8(1)(j) and its Limitations: While Section 8(1)(j) is a significant exemption, it is not absolute. The CIC often looks at the larger public interest or the relationship of the applicant to the information. In cases involving deceased individuals, the interest of legal heirs in understanding their family’s medical history can be considered a valid ground for disclosure, provided the information is available and privacy concerns of third parties are not unduly compromised.
How to File a Similar RTI Application
- Clearly Identify the Public Authority: Determine which government department or public sector undertaking holds the information you need.
- Draft Your RTI Application: Be specific and clear about the information you are seeking. Mention your relationship to the deceased individual and the purpose of your request (e.g., understanding medical history, cause of death).
- State the Relevant Sections (Optional but helpful): While not mandatory, you can refer to sections that you believe are relevant, but focus on a clear request.
- Submit and Pay the Fee: Submit your application along with the prescribed fee to the Public Information Officer (PIO) of the concerned authority.
Sample RTI question you can use:
“I am the son of the late [Deceased Father’s Name], who was a beneficiary of your [mention scheme if applicable] scheme. I request you to kindly provide me with an attested photocopy of my father’s complete medical records, including details of his ailment, period of illness, cause of death, and any investigation reports, if available. If the records are not available, please provide a confirmation stating the same.”
Conclusion
This case serves as a powerful reminder that the RTI Act is a tool for empowerment, even in the most personal of circumstances. While privacy is a fundamental right, the Act provides avenues to access information that can offer clarity, closure, and understanding, especially when dealing with the legacy of our loved ones. their rights and filing applications strategically, citizens can indeed unlock vital information through RTI.
