Can we get passport details of others under rti to produce court
balaji
(Querist) 29 September 2014
This query is : Resolved
Can we get passport details of others under RTI to produce court?
What is the process for the same.
M V Gupta
(Expert) 01 October 2014
the request may be rejected on the ground that it is private and personal in nature.
Isaac Gabriel
(Expert) 03 October 2014
Passport,Voter ID,identity cards are public documents to be furnished under section 6(1) of the RTI Act.
Rajendra K Goyal
(Expert) 03 October 2014
Court can summon the passport officer to depose before the court.
Sudhir Kumar, Advocate
(Expert) 05 October 2014
author wanted only process.
The process is simple, Rs 10/-IPO/DD has to be sent to the CPIO with application giving details of the information to be sought
or Rs 10 desisted in designated post office alognwith the application giving full address of CPIO.
Who is CPIO that you have to check from website of the concerned office or see display on their premises.
If you cannot find who CPIO is then address application to head of office.
M V Gupta
(Expert) 05 October 2014
I am of the view that passport, voter ID cards, Adhar cards etc are personal identities and may not be in public domain. If these are issued to strangers under RTI they may be exposed to abuse. However the querist may attempt to get the copies under RTI.If he does not succeed he may get summons issued by the court.
Shailesh Kr. Shah
(Expert) 05 October 2014
Such Information is covered under section 11 of the RTI Act and without the consent of concern person such information can not be delivery.
best way to get only summon through the court.
balaji
(Querist) 06 October 2014
I think basic information of the passport can be obtained from RTI - any view
balaji
(Querist) 06 October 2014
like Name , passport no. , DOB, residential address Etc.
Basic deatils of the passport can it be obtained from RTI . This is to produce in the court and safeguard the basic human right of the individual?
balaji
(Querist) 06 October 2014
I think basic information of the passport can be obtained from RTI - any view
like Name , passport no. , DOB, residential address Etc.
Basic deatils of the passport can it be obtained from RTI . This is to produce in the court and safeguard the basic human right of the individual?
balaji
(Querist) 06 October 2014
NEW DELHI: In a decision that could kick up a controversy, the Central Information Commission(CIC) has said that information provided by a person while applying for a passport could be disclosed under the Right to Information Act. "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 recently. The case relates to an RTI plea filed by Anita Singhwho sought information including passport details and copies of papers annexed by Ajeet Singh while applying for his passport besides details of education and residence. The external affairs ministry stated that third party information could not 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 obtain 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," Gandhi said. He said the procedure of Section 11 did not give a third party an unrestrained veto to refuse disclosing information.
On the question of invasion of privacy, Gandhi said the state has no right to invade the privacy of an individual. "However, there are some extraordinary situations where the state may be allowed to invade the privacy of a citizen," he added. Gandhi was of the opinion that various public authorities routinely ask for "personal" information from citizens and this is clearly seen as a public activity. He added that when a citizen provides information in discharging a statutory obligation, that too is a public activity. Former chief information commission Wajahat Habibullah said while he would not comment on the particular case, in normal circumstances, passport details would be considered private information. "The decision could lead to a legal tussle," he admitted. Centre for Advocacy and Research executive director Akhila Sivadas said disclosure would be justified depending on the context. "If there is public interest, then it is fine. But if there is invasion of privacy, there are legal safeguards to protect individual interests," she added.
M V Gupta
(Expert) 09 October 2014
Glad to note the view of former CCI Wajahat Habibulla to the effect that passport detais would be considered private information, and as such cannot be provided to an applicant under RTI Act. Mr Akhila Sivadas while agreeing that passport details are private and personal, states that if there is public interest the information may be furnished.
M V Gupta
(Expert) 10 October 2014
In addition to what I have stated above, I would like to draw attention of all concerned to Section 8 of the Act which provides exemptions from the requirement of furnishing information requested for. clause (j) of Sub section (1) provides that information which relates to personal information, the disclosure of which has no relation to any public activity or interest or which would cause unwarranted invasion of privacy of individual, unless the Central Public information officer or the State PIO etc is satisfied that larger public interest justifies the disclosure of such information. In such a case he has to follow the procedure prescribed under Sec 11 of the Act.
