A Case Study on DG (Tourism) Approval and Foreigners Registration Compliance
Ensuring that guest houses, lodges, and short-stay accommodations comply with licensing norms is crucial for public safety, tourism regulation, and law-enforcement purposes. The Right to Information (RTI) Act has increasingly been used to verify whether such establishments are operating legally.
A recent case before the Central Information Commission (CIC) highlights how RTI can be used to seek information regarding licensing, sanction, and regulatory compliance of guest houses in Delhi.
Background of the Case
The appellant filed an RTI application with the Delhi Police seeking the following information:
- Whether the DG (Tourism) Office had granted approval or sanction to run a guest house named Royal Place for Stay, New Delhi.
- Details of an individual who allegedly stayed in the establishment with a Chinese/Cambodian national.
The Public Information Officer (PIO) refused disclosure under Section 8(1)(g) of the RTI Act, which exempts information if disclosure may:
- Endanger the life or physical safety of a person, or
- Identify a confidential source assisting law-enforcement agencies.
The PIO also cited concerns regarding invasion of an individual’s privacy.
CIC’s Findings
The CIC made an important distinction between:
- Personal information relating to individuals, and
- Regulatory compliance information relating to the functioning of a guest house.
1. Personal details of guests cannot be disclosed
The Commission agreed that disclosing the identity or details of a person who stayed with a foreign national would constitute a violation of:
- Personal privacy, and
- Safety protections under Section 8(1)(g).
Therefore, the denial of personal guest information was justified.
2. Information on legality of the guest house must be provided
The CIC noted that the RTI application also contained a public-interest allegation — that the guest house might be operating illegally.
The Commission observed that:
- The PIO did not respond to the core query regarding the legality or approval status of the guest house.
- Information relating to licensing, approval, or regulatory compliance is not exempt from disclosure.
- Citizens are entitled to know whether establishments follow the Foreigners Registration Rules and other mandatory regulations.
Final Direction
The CIC directed the PIO to:
- Provide a clear reply on whether the DG (Tourism) Office had approved the guest house.
- Confirm whether the guest house exists at the stated address.
- Inform the appellant whether the establishment is complying with Foreigners Registration Rules.
- Share details of any action taken authorities.
What This Case Means for Citizens
This decision affirms several important principles for RTI users:
1. RTI can be used to verify whether a guest house or hotel is legally permitted to operate.
Licensing, registration, and approval information cannot be withheld unless it relates to a protected category under Section 8.
2. Personal details of guests will not be disclosed.
Such data falls squarely under privacy and safety exemptions.
3. Allegations of illegal activity strengthen the public-interest requirement.
When a citizen raises concerns related to public safety, regulatory violation, or illegal operation, the authority must provide a factual response.
4. Authorities must answer the regulatory part even if personal information is exempt.
Exemption of one query cannot be used to deny the entire RTI.
Conclusion
The CIC’s directive reinforces the principle that while personal and safety-sensitive information is protected, regulatory compliance information remains accessible to citizens. RTI continues to serve as an essential tool for ensuring transparency in the hospitality sector, particularly in cities like Delhi where monitoring of guest houses and short-stay accommodations is crucial for public safety and tourism management.
