List of patients and treatment they received at Deen dayal Upadhyaay Hospital
The appellant filed an application under the Right to Information (RTI) Act with the Deen dayal Upadhyaay Hospital seeking certified copy of the daily record / list showing the names of patients and their particulars who got treatment / were admitted through Emergency & casualty services or through various Out Patient Departments (OPD) in the hospital for a particular time period. The Public Information Officer (PIO) denied the information under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act stating that the names and particulars of the patients who were admitted to and got treatment in the hospital are personal.
View of CIC
The Central Information Commission (CIC) rejected the appeal holding that information such as names of patients and treatments received by these patients is held by the Hospital in a fiduciary relationship and therefore it could not be furnished to the appellant under section 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; of the RTI Act.
Citation: Mr. Harish Kumar v. Deen dayal Upadhyaay Hospital in File No: CIC/AD/A/2012/002721
RTI Citation : RTIFI/2013/CIC/1164
Click here to view original RTI order of Court / Information Commission