Disclosure of details submitted to passport office

 Background

The appellant sought various details regarding a specific passport including name of the person to whom it was issued, photocopies of all the documents submitted as proof of address and identity, copy of police verification report, the names of witnesses and the process followed in issuance of the passport. He also wanted the copy of noting of the officer who had recommended issue of the passport. The Public Information Officer (PIO) supplied partial information and denied for the photocopies of all documents and noting under section 8 (1) (j) of RTI act 2005, claiming that the information was personal and its disclosure would invade the privacy of an individual.

View of CIC

Against the claim of the appellant that only partial information was provided beyond the stipulated time of 30 days, the PIO stated that the application was initially received by the central registry of the department. He received it after a lapse of 10 days and that he replied duly within 30 days of receipt of application by him. The Central Information Commission directed the Passport Officer to ensure that all RTI related letters received should be delivered to the PIO within 24 hours of the receipt failing which the individual officers would be penalized. The respondent further submitted that the sought information is a third party information which cannot be disclosed without taking the views of the third party and that the present whereabouts of the third parties were not maintained by the Ministry. The Commission ruled that if the third party’s address is not located it does not mean the citizen’s right to information would disappear, section-11 is a procedural requirement that gives third party an opportunity to voice an objection in releasing the information. The Commission directed the PIO to furnish the complete details as per the records observing that various Public Authorities in performing their functions routinely ask for 'personal' information from citizens, which is clearly a public activity and thus the information provided by an applicant when applying for passport is not exempt 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.

Comments

Under Section 8 (1) (j) information which has been exempt is defined as:"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 larger public interest justifies the disclosure of such information". The Commission has interpreted the phrase 'disclosure of which has no relationship to any public activity or interest' as if the information have been given in the course of a public activity, it will not be exempt 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. . When a person applies for a job, or gives information about himself to a Public authority as an employee, or asks for a permission, licence or authorization or passport, are all public activities and any information provided for the same would not qualify an exemption 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. . As pointed out earlier too, this calls for a need to define privacy as everything in the course of a public activity cannot be made public.

Citation: Mr. Hardev Singh v Ministry of External Affairs Regional Passport Office in File No. CIC/SG/A/2012/000372