Rti - right to privacy


My academic records - my name, student id no, attendance, internal assessment marks etc are being supplied to random people without my permission by the university under rti. This creates fear in me that what is the purpose this will be used for. Can it be provided under rti to random ppl? I'm not a public servant. Can i claim damages under law for divulging private info?
 
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Lawyer

What type of personal information has been provided to a third person without your concurrance?

If so, seek compensation by filing a suit before civil judge, after collecting complete authenticated data. 

 
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Sir, as informed in the question - my name, student id no, attendance and internal assessment marks are provided to random ppl. What public purpose is served by this? Is it public info?
 
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Sir, as informed in the question - my name, student id no, attendance and internal assessment marks are provided to random ppl. What public purpose is served by this? Is it public info?
 
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Retired employee.

It is against provisions of RTI Act. Sec.11.

A PIO can  deny information under Sec. 8 (1) (j) but he has to seek comments of concerned II party..

Further, in larger public interest, there are no exemptions under RTI Act.

There was a specific similar case idecided in CIC, by Hon.Sridhar Acharya, Professor in law.

It is for the first time, the applicant was imposed fine by any IC in India, for seeking such informaiton.

Severe stricture has been passed both against PIO and the applicant by IC in his decision.

PIO in that case provided the address of student.

It takes lot of time to Court to decide.   Even if some one wanted to go to Court, they should get adequate evidence.  The remedies under RTI act  should be as stipulated in RTI Act.

Hence, the member first should complain to Information Commission against PIO for not following Sec.11, and for providing information that was specifically exempted.  What is personal informatin was discussed in SC Judgment Girish Deshpande.  Member can search and find out that judgment from Google.

After collecting necessary evidence, he may take a decision on proceeding further.  Filing complaint do not cost even one rupee except that of  Registration charges.

To bring all facts into light, member must first seek information under RTI Act from the same PIO , and  to go for second appeal to CIC to claim compensation. Again it costs only Rs.10/- RTI fee and Rs.22/ Registration fee He may style the information solicited in the following manner.

Information solicited:

1.Please provide me all the certified  copies of RTI applications filed seeking my personal information and replies provided by PIO.

2.Please provide specific reasons for not seeking comments of third party (this applicant) when Sec.11 of RTI Act  stipulated such obligation to PIO legally, and the law prescribed a procedure for providing of third party information .

3.Please inform larger public interest involved in providing the information without invoking Sec.11 rights., though such information is exempted under Sec. 8 (1) (j) specifically.

 
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I thank you very much for your detailed reply sir . I'm filing rti today itself. Kindly watch this thread within 1 month for the replies received. Thank you.
 
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I thank you very much for your detailed reply sir . I'm filing rti today itself. Kindly watch this thread within 1 month for the replies received. Thank you.
 
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Advocate

Originally posted by : sansh
I thank you very much for your detailed reply sir . I'm filing rti today itself. Kindly watch this thread within 1 month for the replies received. Thank you.

It appears that you have not been fully honest in the original posting.

 
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Retired employee.

Please note that the work may not complete here.  You have to file complaint against PIO for each RTI application against you before Information commission (Format is one and you have to change applicant's name).  The law stipulates that information sought must be provided by him.  RTI Applications are not personal information and every public authority must upload them in website, with first appeal, second appeal etc.  For filing complaints there is no limitation period and it should be within reasonable period.  The reasonable period starts with date of receiving copy of RTI applications.  Even he can go for second appeal and can claim compensation, there is limitation period for such second appeals, and for filing second appeal he has to go for first appeal and then second appeal for all RTI Applications against him.

 

The presumption is he must be an employee and undergoing the course which requies regular attendance.  Some one enimical to him or out of jealousy, they wanted to expose his irregularity.  Generally in these cases it happens.

(In a Delhi case followed by me, one CI of a PS has attended regular course, passed the examination, secured the degree.]

You will not believe, there were 10 RTI applications to Public information officer seeking his attendance details, permission details, another 10 to Law college seeking college timings , certificate filed by him from his superior etc., and another 10 to University  against college for knowing alllowing such student.  In all forums his opponent sought guidacnce on the issue without providing details and calling CI an employee and Police station, a dept.,etc.  He has posted more than 50 posts in various forums.  His superiors in fact are aware of this and just replied that he was permitted to appear for examinations after applying leave. There is some deemed permission in those cases when employee applies for such courses/matters.)

These are my opinions and I do not say anthing on any queriest, as they come to the forum with a hope and facts should be only stated for guidance.

 
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Retired employee.

Duplicate post deleted

 
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