“Aadhar Number should not be asked for while handling RTI applications and

Aadhar number or such other personal information is hidden from public view while uploading the RTI applications/ Appeals/ Replies to the RTI applications on websites”

F.No.1/1/2013-IR (pt)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
IR (Division)

North Block, New Delhi
Dated 20th June, 2017

Office Memorandum

Subject:- Securing the Personal information including Aadhar No., in RTI Applications/Appeals in compliance to Aadhar Act, 2016 and Information Technical Act, 2000.

The undersigned is directed to refer to this departments OM of even no. dated 21.10.2014, 23.03.2016 and 07.10.2016 vide which it has been requested that personal information of an RTI applicant should not be disclosed, while uploading the application/ appeal etc. on the public domain/ websites.

2. In this context, it is to be stated that Ministry of Electronics And Information Technology (Meity) have circulated guidelines for securing Identity information and Sensitive personal data or information in compliance to Aadhar Act, 2016 and Information Technology Act, 2000, wherein they have instructed that personal particular and information including Aadhar No. etc. should not be published in public domain/websites etc.

2. In view of the above, it is requested that all Ministries/Departments of Govt. of India including the subordinate offices may ensure the following while handling RTI applications viz. receiving, replying and uploading on websites etc.:-

(a) the personal information details like Aadhar no. should not be asked for while handling RTI applications.

(b) that the Aadhar no. or such other personal information is hidden from public view while uploading the RTI applications/ Appeals/ Replies to the RTI applications on websites, if Aadhar no. is mentioned therein.

sd/-
(Preeti Khanna)
Under Secretary to the Govt. of India

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As per the Right to Information (RTI) Act, 2005, all citizens shall have the right to information. Further, RTI Act provides for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.

A number of measures have been taken by the Government to popularize the RTI Act which inter-alia includes:

1. Under the Centrally Sponsored Plan Scheme “Improving Transparency and Accountability in Government through Effective Implementation of the Right to Information Act”, the Central Government provides funds every year to various State Administrative Training Institutes (ATIs) for promoting various awareness generation activities like mass media campaigns, publishing of handbooks, pamphlets, banners etc. on RTI and for its distribution among public etc.

2. Providing funds to State Information Commissions for celebration of RTI weeks during 5th -12th October.

3. RTI web portal www.rtionline.gov.in was launched w.e.f. 21st August, 2013 to facilitate citizens for filing online RTI applications and first appeals with the facility of online payment of RTI fees. RTI online portal has provided the facility to citizens for filing applications and first appeals in Hindi language also.

4. Government website gives detailed information on various aspects of Right to Information Act like how to make request for information, whom to approach for information, rules, etc.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in written reply to a question by Shri Amar Shankar Sable in the Rajya Sabha today.

Source: PIB

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F.No.1/1/2013-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated the 7th October, 2016

OFFICE MEMORANDUM

Subject:- Uploading of RTI replies on the respective websites of Ministries / Departments

Attention is invited to para 1.4.1. of the enclosed guidelines referred to in this Deptt.’s O.M. No.1/6/2011-IR dated 15.04.2013, for implementation of suo-motu disclosure under Section 4 of the RTI Act, 2005, which states as follows:-

“All Public Authorities shall proactively disclose RTI applications and appeals received and their responses, on the websites maintained by Public Authorities with search facility based on key words. RTI applications and appeals received and their responses relating to the personal information of an individual may not be disclosed, as they do not serve any public interest.”

2. Further vide O.M. No.1/1/2013-IR dated 21.10.2014 on the issue of uploading of RTI replies on the respective websites of Ministries / Departments, DoPT had requested that:

“RTI applications and appeals received and their responses relating to the personal information of an individual may not be disclosed, if they do not serve any public interest”.

3. Now, keeping in view the directions dated 20.11.2013 of Hon’ble High Court of Kolkata in Writ Petition No.33290/2013 in the case of Mr. Avishek Goenka Vs Union of India regarding personal details of RTI applicants, it is clarified that while proactively disclosing RTI applications and appeals received and responses thereto, on their website, the personal details of RTI applicant/appellant should not be disclosed as they do not serve any public interest. It is further clarified that the personal details would include name, designation, address, e-mail id and telephone no. including mobile no. of the applicant.

sd/-
(Gayatri Mishra)
Director(IR)

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Format for giving information to the applicants under RTI Act- issue of guidelines regarding.

G.I., Dept. of Per. & Trg., O.M.No.10/1/2013-IR, dated 6.10.2015

Subject: Format for giving information to the applicants under RTI Act- issue of guidelines regarding.

It has been observed that different public authorities provide information to RTI applicants in different formats. Though there cannot be a standard format for providing information, the reply should however essentially contain the following information:

(i) RTI application number, date and date of its receipt in the public authority.

(ii) The name, designation, official telephone number and email ID of the CPIO.

(iii) In case the information requested for is denied, detailed reasons for denial quoting the relevant sections of the RTI Act should be clearly mentioned.

(iv) In case the information pertains to other public authority and the application is transferred under section 6(3) of the RTI Act, details of the public authority to whom the application is transferred should be given.

(v) In the concluding para of the reply, it should be clearly mentioned that the First Appeal, if any, against the reply of the CPIO may be made to the First Appellate Authority within 30 days of receipt of reply of CPIO.

(vi) The name, designation, address, official telephone number and e-mail ID of the First Appellate Authority should also be clearly mentioned.

2. In addition, wherever the applicant has requested for ‘certified copies’ of the documents or records, the CPIO should endorse on the document “True copy of the document/record supplied under RTI Act”, sign the document with .date, above a seal containing name of the officer, CPIO and name of public authority; as enumerated below:

True copy of the document/record supplied under RTI Act.
Sd/-
Date
(Name of the Officer)
CPIO
(Name of the Public Authority)

Further in case the documents to be certified and supplied is large in number, information on RTI application should be supplied by a designated PIO but the certification of the documents, if need be, could be done by an other junior gazetted officer.

3. This may be brought to the notice of all concerned.

Source: www.persmin.gov.in

Click to view the order

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Dopt instructed to all Ministries/Departments as per the suggestions given by the Department Related Parliamentary Standing Committe, to avoid duplicity of requests from the applicants often, upload the requests and the replies can be published on the websites of the Departments.

G.I, Dept. of Per. & Trg., O.M.F.No.1/1/2013-IR, dated 9.7.2015

Subject: 76th Report of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice Recommendation regarding suo-motu disclosure under Section 4 of justify to Information Act, 2005.

Reference is invited to this Department’s Office Memorandum No.1/6/2011-IR, dated the 15th April,2013 wherein all Ministries / Departments were advised to appoint a senior officer not below the rank of a Joint Secretary and not below the rank of Additional HoD in case of attached offices for ensuring compliance with the proactive disclosure guidelines. Subsequently, vide O.M.No.1/1/20-13~IR dated 21st October,2014, all Ministries / Departments were requested to take action to upload the replies to RTI applications and first appeals on their respective websites. in this context, the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has, in Para 4.40 of its 76th Report, inter-alia made the following observation / recommendations:

“The direction given by DoPT in their guidelines for implementation of Section 4 of the RTI Act which required appointment of a Joint Secretary rank officer as the Nodal Officer should be followed in letter and spirit. The Committee feels that all Ministries/ Departments/ Organisations themselves must encourage suo-motu disclosure of relevant information. The Committee suggests the publishing of RTI requests and their replies on the websites of the Departments so that duplicity of requests is avoided. All Departments must make an analysis of information which is sought most often from applicants and provide it on their website as suo-motu disclosure.”

The above mentioned recommendations of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice are hereby brought to the notice of all Ministries / Departments and Public Authorities for strict compliance.

The contents of this O.M. may also be brought to the notice of Attached Subordinate Offices and Public Sector Undertakings for necessary compliance.

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