Rajya Sabha Q&A: On publication of personal data for RTI application

The status of the pendency of second appeals and complaints in respect of Central Information Commission is given in the reply. Regarding pendency, a stipulated period of 30 days exist for disposal of RTI request, so the question of backlog does not arise. (b) As per Section 7(1) of the RTI Act, RTI applications may be rejected for any of the reasons specified in Sections 8 and 9.

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL & TRAINING)

RAJYA SABHA
UNSTARRED QUESTION NO. 1084
(TO BE ANSWERED ON 15.12.2022)

PUBLICATION OF PERSONAL INFORMATION OF RTI APPLICATION

1084 PROF. MANOJ KUMAR JHA:

Will the PRIME MINISTER be pleased to state:

(a) the total number of appeals and complaints pending before Information Commissions in the country, State-wise details thereof;

(b) whether Government is taking any step to reduce the application backlog under RTI;

(c) whether Government is aware of cases where personal information of some RTI applicants have been made public;

(d) if so, the action taken by Government;

(e) the number of RTI applications rejected without providing a reason during last three years; and

(f) the number of posts of Information Commissioners that are lying vacant?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (DR. JITENDRA SINGH)

(a): State-wise data on appeals/complaints under the RTI Act is maintained by respective state governments. However, as far as Central Information Commission is concerned, the status of the pendency of second appeals and complaints in respect of Central Information Commission is as follows:

(as on 05.12.2022)

Second appeals – 19178
Complaints – 3264
Total – 22442

(b): As per the RTI Act, there is stipulated period of 30 days for disposal of RTI request, so the question of backlog does not arise.

(c) & (d): Section 8(1) (j) of the RTI Act, 2005 provides that notwithstanding anything contained in the Act, it is not obligatory for the PIOs to give any information to citizen, 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.

Provided that the information which cannot be denied to the Parliament shall not be denied to any person.

Government has from time to time issued Guidelines/Office Memorandums vide No. 1/6/2011 dated 15.4.2013, 1/31/2013-IR dated 08.01.2014, No. 1/1/2013-IR dated 01.10.2014 & 07.10.2016, No. 1/1/2013-IR (Pt) dated 20.06.2017 and No. 1/6/2011 dated 07.11.2019 bringing to notice of all Ministries/Departments of Government of India that personal information of an RTI applicant should not be disclosed.

(e): As per Section 7(1) of the RTI Act, RTI applications may be rejected for any of the reasons specified in Sections 8 and 9.

(f): As per the provisions of the Section 12 (2) of the RTI Act, 2005, the Central Information Commission shall consist of –

a) The Chief Information Commissioner and
b) Such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary. Presently the Chief Information Commissioner and seven Information Commissioners are in position in the Central Information Commission.

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