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W

Question:

What can be PIO do if the information sought has been legally destroyed as per Manual of Office Procedure (MoP)?

(Last edited: Wednesday, 18 January 2023, 4:16 PM)
Answer:

In this case the PIO can reject the request stating that it has been legally destroyed. However the PA should maintain disposal register with date and details of files disposed. S/he is not expected to create information.


Question:

What does 'personal information', mean as per the Act?

(Last edited: Wednesday, 18 January 2023, 4:48 PM)
Answer:

Personal information does not mean information related to the information seeker, but about a third party. Hence the Section states about 'unwarranted invasion of the privacy of an individual'. It is seen that majority of appeals revolve around the exemption on personal information. The Department of Personnel and Training (DoPT), Government of India based on the Supreme Court judgement dated 3rd October 2012 (Girish Ramachandra Deshpande Vs CIC and others) held as follows:


< p dir="ltr">'The performance of an employee is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression personal information, the disclosure of which has no relationship to any public activity or public interest, on the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual'.


Question:

What does ‘personal information’, mean as per the Act?

(Last edited: Thursday, 19 January 2023, 2:07 AM)
Answer:

Personal information does not mean information related to the information seeker, but about a third party.  Hence the Section states about ‘unwarranted invasion of the privacy of an individual’.  It is seen that majority of appeals revolve around the exemption on personal information.  The Department of Personnel and Training (DoPT), Government of India based on the Supreme Court judgement dated 3rd October 2012 (Girish Ramachandra Deshpande Vs CIC and others) held as follows:

“The performance of an employee is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression personal information, the disclosure of which has no relationship to any public activity or public interest, on the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual”.



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