New
Delhi May 06, 2012(PTI): Information provided by a person while
applying for passport can be disclosed under the Right to Information
Act, the Central Information Commission (CIC) has held.
“Given our dismal record of
mis-governance and rampant corruption which collude to deny citizens
their essential rights and dignity, it is in the fitness of things that
the Citizen’s Right to Information is given greater primacy with regard
to privacy,”Information Commissioner Shailesh Gandhi said while ordering
the disclosure.
The case relates to an RTI
application filed by one Anita Singh who sought copies of documents
annexed by one Ajeet Pratap Singh while applying for his passport,
besides other details about the application.
The External Affairs Ministry
stated that third party information cannot be disclosed without taking
the views of the party and since the present residential information of
the applicant was not known, it would not be possible to take his views
and disclose the details sought under the RTI Act.
“The
Commission rules 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 and objection in releasing the information,” he
said.
Gandhi said the procedure of
Section 11 comes into effect if the Public Information Officer (PIO)
believes that the information exists and is not exempted, and the third
party has treated it as confidential.
“Section 11 does not give a
third party an unrestrained veto to refuse disclosing information. It
clearly anticipates situations where the PIO will not agree with the
claim for non-disclosure by a third party and provides for a appeal to
be made by the third party against disclosure, which would have been
unnecessary, if the third party had been given a veto against
disclosure,” he said.
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