BACHCHA
WHETHER THE INFORMATION(OF PERSONAL NATURE) RELATED TO ANY INDIVIDUAL EMPLOYEE CAN BE GIVEN TO ANY RTI ACTIVIST
From Netherlands
korgaonkar k a
2556

Dear Bachcha,

What do you mean by personal nature?

You need to understand the object of RTI Act which is given below:

The basic object of RTI Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed. The Act is a big step towards making the citizens informed about the activities of the Government.

Information contemplated under this Act is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.

A “public authority” means any authority or body or institution of self government established or constituted by or under the Constitution; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government. The bodies owned, controlled or substantially financed by the Central Government or a State Government and NGOs substantially financed by the Central Government or a State Government also fall within the definition of public authority.

People of our country have right to know the affairs of State and not the affairs of public, affairs of private person.

Employee engaged in private sector is totally out of question under this Act.

According to Section 4(1)(b) of the Act, the public authority is required to publish sixteen categories of information. One of them is the powers and duties of its officers and employees. It does not includes personal affair.

According to Section 8(1)(e) of the Act, there is no obligation to give any citizen, the information available to a person is his fiduciary relationship, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Therefore, personal nature of any employees engaged even in Govt./ Semi Govt. can not come under the preview of RTI Act, according to me.

Members can correct me if I am wrong. Value addition is appreciated.

From India, Mumbai
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