Central Information Commission
Suchak Patel vs Ministry Of Road Transport & Highways on 6 June, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/MORTH/A/2022/655571
Suchak patel ......अपीलकता/Appellant
VERSUS
बनाम
CPIO,
National Highway Authority of
India, RTI Cell, G-5 and 6, Sector-10,
Dwarka, New Delhi-110075. .... ितवादीगण /Respondent
Date of Hearing : 25/05/2023
Date of Decision : 25/05/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 11/06/2022
CPIO replied on : 09/09/2022
First appeal filed on : 16/08/2022
First Appellate Authority order : Not on record
Second Appeal dated : 14/10/2022
Information sought:
The Appellant filed an RTI application dated 11.06.2022 with the CPIO, MoRTH seeking the following information:1
"Provide the information about the FASTag
1. Provide a copy of the policy for the data security of the user of the Fastag.
2. Provide the list of the government department/agency/institution that have the data access the of the Fastag. i.e CBI, State police, banks etc
3. Provide the list of the government department/ agency/institution that have the data access of toll booth infrastructure. i.e CCP/ recording etc
4. Provide name of the department which is entrusted to ensure the prevention of the misuse of the Fastag user data."
The CPIO, NHAI (upon receipt of RTI Application on transfer basis) furnished a pointwise reply to the appellant on 09.09.2022 stating as under:
"1. The Personally Identifiable Information (PII) pertaining to FASTag users are maintained by respective issuer banks as per RBI Guidelines. Applicant may refer various guidelines and policies as set out by RBI in this regard.
2.FASTag data which includes movement details of assigned vehicles at various toll plazas, may be shared with various government entities as per legal mandate for intended purposes such as enforcement, track and trace mechanism, etc. Such FASTag data is being shared with authorized Govt. entities on demand/request basis only.
3.Infrastructure at National Highway fee plazas is accessible by National Highways Authority of India. Further, CCTV recordings and vehicle movement details may be shared with various government entities as per legal mandate for intended purposes such as enforcement, track and trace mechanism, etc. Such CCTV data is being shared with authorized Govt. entities on demand/request basis only.
4. Various Issuer Banks certified by National Payments Corporation of India for FASTag programme are mandated to maintain the security of data relating to FASTag users as per RBI guidelines."
Being dissatisfied, the appellant filed a First Appeal dated 16.08.2022. FAA's order, if any, is not available on record.
2Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the following grounds -
Point 1 - I sought the copy of the policy for the data security of the user of the Fastag. FASTag is operated by NHAI and so NHAI is supposed to have a data security policy. If NHAI has not made any such policy, CPIO can say so in his reply. Rather CPIO shifts the burden to RBI.
If RBI deals with this matter. CPIO should transfer the RTI to RBI under 6 (3) of the RTI act but CPIO did not transfer the RTI to RBI.
Point 2 and 3 - I sought the name of the agency which has access to the Fastag data and CCTV footage. CPI0 replied that "may be shared with various government entities as per legal mandate for intended purposes such as enforcement". This is generalised information. I have sought the particular information. CP10 did not provide information that - Which agency have access, Under Which law agency have access etc Point 4 - It is not clear from reply that either banks or NCPI or RBI is responsible for the prevention of the data breach of the Fastag use data...."
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Represented by Deepak Bhairwa, Dy. Manager (CO) present through intra-video conference.
The Appellant reiterated the contents of instant Appeal as mentioned in the preceding paragraphs and further contested the factum of delay caused by the CPIO in providing a reply. In this regard, he prayed the Commission to penalize the CPIO.
In response to Appellant's contentions, the CPIO invited attention of the bench towards his written submission dated 23.05.2023, relevant extracts of which are reproduced below in verbatim -3
"...2.1 Sh. Suchak Patel submitted RTI application No. NHAIN/RJEJ22/02470 dated 14.06.2022 seeking information as mentioned tinder Right to Information. The information was provided by CPIO on 09.09.2022.
2.2 The Applicant filed 1st Appeal dated 16.08.2022 aggrieved with "No response within time limit". The Appellate Authority disposed off the appeal on 09.11.2022, informing that the RTI application has been disposed off by CPIO on RTI portal.
2.3 The Appellate Authority also explained that the information sought, was to be obtained from IHMCL, a company formed under Companies ACT, 1956 (not a public Authority) and there was delay in providing the information by IHMCL resulting in delay in providing the information RTI applicant.
2.4 Now, the Applicant has filed the 2nd appeal before CIC complaining that no reply has been received from the Appellate Authority. However, the information originally sought by the applicant has already been provided and the same has been re-iterated by the Appellate Authority vide letter dated 09.11.2022..."
To a query from the Commission regarding delay in reply, the CPIO while tendering his unconditional apology explained that collation and compilation of such information by accessing the same from M/s IHMCL was the root cause of delay. In addition to it, the CPIO also facilitated a detailed discussion regarding Government policy and maintenance of records by NPCI vis-à-vis FASTag data. He apprised the Bench that data pertaining to FASTag users are maintained by respective issuer banks as per RBI Guidelines and that FASTag data is being shared with authorized Govt. entities on demand/request basis only. Furthermore, various Issuer Banks certified by National Payments Corporation of India for FASTag programme are mandated to maintain the security of data relating to FASTag users as per RBI guidelines.
Lastly, at the behest of the Commission , the CPIO agreed to check the availability of any Government policy, if any available in public domain for point no. 1 and to share the Weblink of the same with the Appellant.
Decision:
At the outset, the Commission takes grave exception to the fact that no reply has been provided by the then CPIO against the impugned RTI Application within the 4 stipulated time frame and also no substantial explanation for such delay has been tendered by the present CPIO during hearing, except the fact that the information had to be obtained from another entity namely IHMCL which delayed providing the information. Such approach of the then CPIO shows disdainful conduct of the Respondent Public Authority in dealing with the RTI matters which is against the spirit of RTI Act.
In view of the above, the then CPIO, NHAI, New Delhi (at the time of receipt of RTI Application) through the present CPIO is hereby directed to file a written explanation to the Commission within 15 days from the date of receipt of this order along with supportive documents.
Also, upon insistence of the Appellant and in furtherance of hearing proceedings, the CPIO is directed to check the availability of the RBI guidelines regarding policy for the data security of the users of the FASTag. 1 in public domain for point no 1 and share the hyperlink of the same with the Appellant, free of charge.
The above said direction should be complied by the present CPIO within 15 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5