Appellant claimed that as he was admitted together along with two patients, he has the right to know about their medico legal reports also - CIC: the third party information is kept in fiduciary capacity & no public interest is involved in disclosure
29 Nov, 2014Information sought:
Appellant sought information as to whether Shri Brij Mishra, Shri Pradeep Bajaj and Shri Alam Alvi arrived in Safdarjung Hospital on 18.09.2011 for treatment and regarding their medico-legal reports.
Relevant facts emerging during hearing:
As the subject matter of both the above two appeals is the same, they are being clubbed together for hearing. Both the parties are present and heard. Appellant has sought the above mentioned information by filing two RTI applications dated 01.04.2013 and 20.06.2013. Reply was provided by the CPIO on 15.04.2013 and 02.07.2013. While the information sought by the appellant relating to himself was provided, information relating to third parties was denied by invoking exemption u/s 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act. FAA upheld the stands of the CPIO. Appellant submitted that complete information has not been provided as sought in his RTI applications. He further submitted that all the three patients came together and wanted to know whether the medico-legal reports were prepared separately for each patient or clubbed together. He further submitted that all three patients are admitted together so he has the right to know about their medico legal report. Respondent submitted that the information in respect of the medico-legal reports of Shri Brij Mishra and Shri Alam Alvi is the third party information and is kept by them in fiduciary capacity and no public interest is involved in disclosing the same to the appellant. As such the information was denied to the appellant u/s 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act.
Decision:
The appellant has not been able to justify any public interest involved in seeking information regarding medico-legal report of the third party. The Commission upholds the view of the Public Authority that the information sought is available with them in fiduciary relationship and has been withheld justifiably by invoking exemption u/s 8 (1) (e) of the RTI Act. The appeals are disposed of accordingly.
(Yashovardhan Azad)
Information Commissioner
Citation: Shri Pradeep Bajaj v. Ministry of Health & Family Welfare in F.No.CIC/LS/A/2013/001458-YA F.No.CIC/LS/A/2013/001854-YA