Central Information Commission
Nipun Arora vs Office Of The Additional Distt. ... on 30 May, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2017/166010
CIC/ADDDM/A/2017/165833
Shri Nipun Arora ... अपीलकताग/Appellant
VERSUS
बनाम
PIO/Sub-Divisional Magistrate-(Central), ...प्रनतवादीगण /Respondents
O/o. The Dy. Commissioner-(C),
Govt. of NCT of Delhi
2. PIO/ Sub-Divisional Magistrate-(HQ),
O/o. the District Magistrate-(South),
Govt. of NCT of Delhi, South District
Date of Hearing : 26.04.2019
Date of Decision : 30.05.2019
Information Commissioner : Shri Y. K. Sinha
Since the parties in the identical appeals are same, the above mentioned
cases are clubbed together for hearing and disposal.
Case No. RTI Filed on CPIO reply First appeal FAO
165833 16.06.2017 11.08.2017 07.08.2017 -
166010 16.06.2017 - 07.08.2017 -
Information soughtand background of the case:
The Appellant filed an RTI application dated 16.06.2017, seeking information regarding data of termination of pregnancy as maintained by various diagnostic centres under the Perception & Pre-Natal Diagnostic Techniques Act between 1 January 2017 to 1 June 2017. He requested for inspection of Form-F/monthly reports under Rule 9 submitted by Hospital, clinics and laboratories to the 'District Appropriate Authority' under PNDT Act. The PIO/SDM (HQ) Distt. (South) vide letter dated 07.09.2017 transferred RTI to the PIO(CDMO), Delhi Govt. Dispensary Building under Section 6(3) of the RTI Act, 2005.
Being dissatisfied, the Appellant filed the First Appeal dated 07.08.2017. Feeling aggrieved with no response received from the FAA, the Appellant approached the Commission with instant Second Appeal.
Facts emerging in Course of Hearing:
The Appellant is absent. The Respondents are present and heard.
Decision:
The Commission finds the RTI query to be seeking data which is private to respective third parties. Form 'F' is a statutory form appended to the Pre- Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994 and Rule 2014. The following excerpt accessed from the website of Delhi Govt. (https://pndt.delhigovt.nic.in/) highlights the content of Form F. Filling of each column of form F for every ultrasound done on pregnant woman for every ultrasound done is absolutely essential along with declaration of pregnant women and doctor.
Photo copies of completely filled from F's along with photo copies of referral slips are to be submitted to office of chief District Medical Officer by 5th of every following month.
A specimen of Form F revised in 2014 is available in public domain. Contents of a duly filled Form F would contain identity, personal & medical details of a pregnant woman. Revelation of such data to a third party would not only be barred under Section 8(1)(j) of the RTI Act but would infringe upon the Fundamental Right of Privacy of the individual having undergone diagnostic test. (See: Justice K.S. Puttaswamy and Ors. vs. Union of India (UOI) and Ors. (24.08.2017 - SC) : MANU/SC/1044/2017) The RTI request of the Appellant is devoid of merit and a scurrilous attempt to gain access to sensitive personal information. The RTI Application is rejected and the corresponding appeals emanating from the RTI Application dated 16.06.2017 are dismissed.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त ) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514