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Central Information Commission

Mra Samuel Gnanam vs Bharat Sanchar Nigam Limited on 29 May, 2014

                        CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26101592

                                    File No. CIC/BS/A/2013/000964+000965+000966/5216
                                                                          29 May 2014
Relevant Facts emerging from the Appeal:

Appellant                                :      Mr. A. Samuel Gnanam
                                                4th Cross St, Vasan City,
                                                Somarasampettai,
                                                Tiruchy,
                                                Tiruchirappalli

Respondent                               :      CPIO & Dy. General Manager (Admin/HR/EB)
                                                BSNL
                                                O/o the Principal General Manager
                                                No.4, Bharathidasan Salai,
                                                Cantonment, Tiruchirappalli-620001

RTI applications filed on                :      29/06/2012
PIO replied on                           :      31/07/2012
First appeals filed on                   :      20/09/2012
First Appellate Authority order          :      20/10/2012
Second Appeal dated                      :      17/01/2013

Information sought

:

The appellant has sought the following information:-

1. Is 9443119936 your Organization Number?

2. Is 9443119936 Number active?

3. Is 9443119936 belonging to prepaid or postpaid Criteria?

4. Give name and address of the owner or user or bearer of this 9443119936.

5. How long has it been in use?

6. Give the meaning of IMEI?

7. Give the details of incoming and outgoing calls of this number on 25/11/2011 from 0600 a.m. to 1700 p.m. with IMEI number.

8. Which IMEI number cell phone has used this 9443119936 number on 25/11/2011 to 09.26 a.m.

9. Is owner of this 9443119936 number using this IMEI cell phone continuously?

10. Give details of incoming and outgoing calls to this number wit date, time duration, IMEI and tower location on 25/11/2011 from 06.00a.m. to 1700p.m in the following format.

Mobile Other Call Date Time Duration IMEI Location Number Number Type Page 1 of 4 RTI APPLICATION NO. - 2 The appellant has sought the following information:-

1. Is 9443399944 you Organization Number.

2. Is 9443399944 number active?

3. Is 9443399944 belonging to Prepaid or Postpaid Criteria?

4. Give name and address of the owner or user or bearer of this 9443399944 number.

5. How long has it been in use?

6. Give the details of incoming and outgoing calls to this 9443399944 number with date, time duration, IMEI and tower location for the month of November 2011.

7. Give details of incoming and outgoing calls to this number 9443399944 with date, time, duration, IMEI and tower location for the period 23/11/2011 to 26/11/2011 in the following format.

Mobile Other Call Date Time Duration IMEI Location Number Number Type RTI APPLICATION NO. - 3 The appellant has sought the following information:-

1. Is 9445048885 your Organization Number?

2. Is 9445048885 number active?

3. Is 9445048885 belonging to prepaid or postpaid criteria?

4. Give name and address of the Owner or User of bearer of this 9445048885 number.

5. How long has it been in use? It means 9445048885 number.

6. Give details of incoming and outgoing calls to this number 9443399944 with date, time, duration, IMEI and tower location for the period 23/11/2011 to 26/11/2011 in the following format.

Mobile Other Call Date Time Duration IMEI Location Number Number Type RTI APPLICATION NO. - 4 The appellant has sought the following information:-

1. Is 9445048949 your Organization Number?

2. Is 9445048949 Number Active?

3. Is 9445048949 belonging to prepaid or postpaid criteria?

4. Give name and address of the owner or user of bearer of this 9445048949 number.

5. How long has it been in use? It means 9445048949 number.

6. Give details of incoming and outgoing calls with Date, time, Duration, IMEI, Tower Location for this 9445048949 Number on 25/11/2011 from 05.30 a.m. to 10.30 a.m. in the following format.

Mobile Other Call Date Time Duration IMEI Location Number Number Type RTI APPLICATION NO. -5 The appellant has sought the following information:-

1. Is 9445048950 your Organization Number?

2. Is 9445048950 Number Active?

3. Is 9445048950 belonging to prepaid or postpaid criteria?

4. Give name and address of the owner or user of bearer of this 9445048950 number.

5. How long has it been in use? It means 9445048950 number.

6. Give details of incoming and outgoing calls with Date, time, Duration, IMEI, Tower Location for this 9445048950 Number on 25/11/2011 from 05.30 a.m. to 10.30 a.m. in the following format.

Mobile Other Call Date Time Duration IMEI Location Number Number Type RTI APPLICATION NO. - 6 The appellant has sought the following information:-

1. Is 9445048948 your Organization Number?

2. Is 9445048948 Number Active?

3. Is 9445048948 belonging to prepaid or postpaid criteria?

4. Give name and address of the owner or user of bearer of this 9445048948 number.

5. How long has it been in use? It means 9445048948 number.

6. Give details of incoming and outgoing calls with Date, time, Duration, IMEI, Tower Location for this 9445048948 Number on 25/11/2011 from 05.30 a.m. to 10.30 a.m. in the following format.

Mobile Other Call Date Time Duration IMEI Location Number Number Type Grounds for the Second Appeal:

The CPIO has not provided the desired information.

Relevant Facts emerging during Hearing:

The following were present Appellant: Absent Respondent: Mr. Jaipal CPIO through VC The appellant was given an opportunity to participate in the hearing, however, he is absent. The CPIO stated that the appellant in his RTI applications dated 29/06/2012 has sought various information regarding mobile phone subscribers but the details cannot be provided to him. He argued that the information relates to third party(s), is personal in nature and no public purpose has been demonstrated by the appellant hence, exempt under Section 8(1)(j) of the RTI Act. It is seen that the appellant in his 2nd appeals to the Commission has stated that the mobile numbers belong to persons who have colluded and fabricated false case against him and he needs the information to prove his innocence.

Decision notice:

BSNL is bound to protect the confidentiality of its subscribers and information relating to mobile/telephone connection of any subscriber cannot be disclosed to third party(s) being exempt under section 8(1) (j) of the RTI Act unless the seeker of information is able to show larger public interest to justify the disclosure.

The appellant has not made out any bonafide case of public interest in seeking the information. A private dispute cannot be equated with public purpose. Hence, the information sought is held as exempt under Section 8(1)(j) of the RTI Act.

The matters are closed.

BASANT SETH Information Commissioner Authenticated true copy:

(R. L. Gupta) Dy. Registrar/Designated Officer Page 4 of 4