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Medical records through rti

(Querist) 13 October 2020 This query is : Resolved 
This is Kamal Dan from Guntur . My sister's husband had became ill from three months . Recently they took him to hospital and they did some tests there and my brother-in-law's family and himself are not disclosing his reports to my sister.Can she file RTI for his reports?.She is opting to get divorce from him .What is the procedure for filing RTI?.
Thanks in advance
Dr J C Vashista (Expert) 14 October 2020
Whether the hospital is private or government, you have not informed ? Provisions of RTI Act, 2005 are inapplicable to private hospital.
If it is a government hospital let your sister may apply under section 6 of the Right to Information Act, 2005.
Dr J C Vashista (Expert) 14 October 2020
How does medical reports can be used in a divorce case ?
P. Venu Online (Expert) 14 October 2020
Even if a Government hospital, patient's records cannot be accessed under RTI. However, the record could be sought to be produced in the Court, if relevant.
Rajendra K Goyal (Expert) 14 October 2020
Could not find any decision regarding the medical record of husband can not be disclosed to wife under RTI by any government hospital.

Your sister should try if it is government hospital.
Kamal Dan (Querist) 14 October 2020
It is a government hospital
Kamal Dan (Querist) 14 October 2020
What is procedure for filing RTI as the hospital is government hospital
Rajendra K Goyal (Expert) 14 October 2020
Any typist would draft the application, a postal order of Rs. 10/- need to be enclosed. Photocopy charges can be asked later on by the hospital as per law applicable. Your sister can also request to inspect the concerned record.
Kamal Dan (Querist) 14 October 2020
Where should I give the application
kavksatyanarayana (Expert) 14 October 2020
To the District Medical Officer/Superintendent of the Govt. Hospital concerned.
Kamal Dan (Querist) 14 October 2020
Thanks to everyone who patiently listened and answer to my query
Rajendra K Goyal (Expert) 15 October 2020
Generally the name of Public Information Officer is displayed at the Hospital. If you do not know, address as Public Information Officer, Office of District Medical Superintendent XYZ district.

Information under RTI Act
Please provide following information under RTI Act. It is confirmed that I am a citizen of India, information does not relate to illness of my husband and not related to third party, information would not be used against the sovereignty of country. RTI fees for Rs. 10/- in the name of Indian Postal Order is enclosed. Any further charges applicable would be paid when demanded.
Information sought:

2. …………..

(Name and address with phone no.)
Kamal Dan (Querist) 16 October 2020
Can she obtain the reports without his consent
Kamal Dan (Querist) 16 October 2020
Dr J C Vashista Sir , my brother-in-law has harassed my sister mentally .So she is thinking that these health reports which they have hidden might be a strong point against them .Any advice as she want to apply for divorce. Thank you
Rajendra K Goyal (Expert) 17 October 2020
If the information not provided, file first and second appeal for the same.
Sudhir Kumar, Advocate (Expert) 18 October 2020
Such like RTI request can be easily rejected.
P. Venu Online (Expert) 18 October 2020
Yes, no third party information can be furnished except with the consent of that party. And the third party includes spouse as well.
Rajendra K Goyal (Expert) 18 October 2020
Agree that full information regarding medical records etc. may not be disclosed, yet as per CIC decision in case of Smt. Basavantamma Vs The CPIO (Central Information Commission) Appeal Number : Second Appeal No. CIC/CCITB/A/2018/631956 Date of Judgement/Order : 10/07/2020
it was ruled that limited information may be disclosed.

Chance can be taken.
P. Venu Online (Expert) 18 October 2020
The above cited decision of the CIC had relied on the decision of the Supreme Court in CPIO, Supreme Court of India vs. Subhash Chandra Agarwal. Para 59 is self-explanatory:

"59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive."

Even other wise, definition at Section 2(n) is conclusive:
"2(n):- "Third party" means a person other than the citizen making a request for information and includes a public authority."
Rajendra K Goyal (Expert) 19 October 2020
The Hon’ble SC decision was quoted in the CIC decision. Yet it allowed limited information to be provided.
Sudhir Kumar, Advocate (Expert) 19 October 2020
The applicant has not clarified whether this was a govt hospital so thinking on the lines of RTI is futile.

Even if it is govt hospital still RTI does not lie on such information so thinking on the lines of RTI is futile.

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