Disclosure of personal information under the RTI Act, 2005

DOPT Order 2013 : Disclosure of personal information under the RTI Act, 2005

No. 11/2/2013-IR (Pt.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi,

Dated the 14th August, 2013

OFFICE MEMORANDUM

Subject: Disclosure of personal information under the RTI Act, 2005.

The Central Information Commission in one of its decisions (copy enclosed)has held that information about the complaints made against an officer of the Government and any possible action the authorities ‘night have taken on those complaints, qualifies as personal information within the meaning of provision of section 8 (1) (j) of the RTI Act, 2005.

2. The Central Information Commission while deciding the said case has cited the decision of Supreme Court of India in the matter of Girish R. Deshpande vs. CIC and others (SLP (C) no. 27734/2012) in which it was held as under:-

“The performance of an employee/Officer in an organisarion is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which [a!! under the expression personal information, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which could cause unwarranted invasion of the privacy of that individual.” The Supreme Court further held that such information
could be disclosed only if it would serve a larger public interest.

3. This may be brought to the notice of alt concerned.

End: As above.

Sd/-
(Manoj Joshi)
Joint Secretary (AT&A)

source : DOPT

 http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/11_2_2013-IR-Pt.-14082013.pdf