Information regarding landline connections of BSNL

Background

The appellant sought information regarding the two landline connections of Bharat Sanchar Nigam Limited (BSNL) like the name and address of the person to whom the phone no. was registered, date on which the said connections were released, copy of NOC taken from the landlord for telephone connection, copy of Rule under which the NOC from the landlord was required to be taken etc. The Public Information Officer (PIO) denied the information stating that he had sought consent of the third party under section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act but no reply had been received from third party.

View of CIC   

The Central Information Commission (CIC) directed the PIO to provide the information to the appellant observing that BSNL was a Public Sector Unit (PSU) of the Central Government which performs public functions and that there was no reason for denying the information to the appellant, especially when the third party has not responded to the notice issued to him under section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act.

Comments

This case raises the serious question whether, in the absence of any reply from the third party, the information should be disclosed assuming that the third party has no objection to disclosure. Some public activities may have a component of personal information built in it. It may happen that the notice could not be served to the third party or the third party could not respond due to some exigencies. Who would compensate the third party for any loss or detriment in such cases?

Citation: Shri Carmo James CRDS Rodrigues v. BSNL in File No.CIC/LS/A/2011/003224