The text of SMS messages sent from & received on appellant’s mobile during a particular period was sought - PIO: the SMS text is recorded only on the written instructions of authorised security agency/court - CIC: PIO is not supposed to create information
The appellant has sought the following information related to Mobile Number 9447002857:- 1. Entire call details (Incoming, outgoing, Voice, data of SMS) for the period from 01/06/2012 to 17/01/2013. 2. The contents of the Messages received and sent from my mobile number for the period from 01/06/2012 to 17/01/2013.
Grounds for the Second Appeal: The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing: The following were present
Respondent: Mr. K. Bhavadasan CPIO’s representative through VC
The CPIO’s representative stated that all information requested by the appellant in his RTI application dated 17/01/2013, as available on record, has been provided vide letter dated 25/01/2013 and the FAA’s order dated 28/03/2013. He further stated that it can be seen from the appellant’s 2nd appeal to the Commission that he is insisting on providing the text of SMS messages sent from and received on his mobile no. 9447002857 during the period 01/06/2012 to 17/01/2013 but the text of SMS is not recorded and the FAA in his order dated 28/05/2013 has clearly informed that the system does not store such information. The CPIO’s representative added that voice transcripts/SMS text is personal information and is recorded only on the written instructions of authorised security agencies/court orders. The appellant is not present for canvassing his case/contesting the CPIO’s representative’s submissions.
Under the provisions of the RTI Act only such information as is available and existing and held by the public authority can be provided. The PIO is not supposed to create information that is not a part of the record. The respondents have informed the appellant that text of SMS is not stored in the system and hence cannot be provided. The matter is closed.
Citation: Mr. Sasikumar K. V. BSNL in File No. CIC/BS/A/2013/001798/5855