Medical Certificates exempt from disclosure under the RTI act

Background

The appellant sought information about two deputy directors like the leave documents in respect of two deputy directors from September to December, 2010 containing intimation, applications, supporting documents eg. Prescriptions, Medical Certificate of rest and fitness, leave memo for grant of commuted leave and its note portion. Against a fee deposit of Rs.624/-, the Public Information Officer (PIO) supplied the copies of relevant noting, application and leave sanction orders. The PIO, however, denied the copies of medical prescription/ certificate stating that the personal information is exempted from disclosure 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. As the third party has objected to disclosure of the information, hence the same cannot be provided. On appeal, the First Appellate Authority (FAA) upheld the decision of the PIO.

View of CIC

The Central Information Commission found that the PIO has provided all the information except Medical Certificate of the third party which was claimed as exempt under Section 8(1) (j) of the RTI Act. The Commission upheld the decision of the PIO and agreed for non-disclosure to prevent an invasion on the privacy of the third party.

Citation: Mr. U K.Poddar v. Press Information Bureau in file no. CIC/SG/A/2011/003589