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 might 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 organisation is primarily a matter  between the employee and the employer and normally those aspects are governed by  the service rules which fall under the apression 'persona? 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 all concerned.

End: As above.

sd/- 

(Manoj Joshi) 

Joint Secretary (AT&A) 

Source:www.persmin.nic.in