Central Information Commission
Shefali Malhotra vs Centre For Development Of Advanced ... on 4 July, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CDADC/A/2023/650414
Ms. Shefali Malhotra ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Centre for Development of Advanced ...प्रनतवािीगण /Respondent
Computing.
Date of Hearing : 27.06.2024
Date of Decision : 01.07.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 17.05.2023
PIO replied on : 28.06.2023
First Appeal filed on : 22.06.2023
First Appellate Order on : NA
2ndAppeal/complaint received on : 07.11.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 17.05.2023 seeking information on the following points about engagement of Amazon Web Services for e-Sanjeevani:-
"1. Please share a copy of a document which records the decision and gives reasons to support the decision to run e-Sanjeevani on Amazon Web Services.
2. On what basis did the Centre for Development of Advanced Computing and/or Ministry of Health and Family Welfare choose to engage the services of Amazon Web Services (over other empaneled cloud service providers) for hosting e- Sanjeevani?
3. Please share a copy of the document setting out the terms and conditions between the Centre for Development of Advanced Computing, Ministry of Health and Family Welfare and Amazon Web Services for hosting e-Sanjeevani on Amazon Web Services?
4. Please share the overall budget for designing and deploying e-Sanjeevani and the details of payments made to Amazon Web Services for their services on the project.
5. Who is the owner of the personal data collected through e-Sanjeevani and hosted on Amazon Web Services?
6. Please specify the protocols followed by the Centre for Development of Advanced Computing and/or Ministry of Health and Family Welfare to share data Page 1 of 3 collected through e-Sanjeevani with third parties including public and private entities?
7. Do individuals have to register mandatorily for an Ayushmaan Bharat Health Account under the Ayushmaan Bharat Digital Mission in order to access health services through e-Sanjeevani?"
The CPIO vide letter dated 28.06.2023 replied as under:-
"1. Reply - Identifiable details of the document applicant are looking for have not been provided.
2. Reply - Identifiable details of the document applicant are looking for have not been provided.
3. Reply - Identifiable details of the document applicant are looking for have not been provided. However, no such terms and conditions have been laid.
4. Reply - The overall budget for designing and deploying e-Sanjeevani was Rs.54.25Cr. No direct payment has to be paid to AWS the said entity/agency.
5. Reply - Patient is the owner of the personal data collected through e- Sanjeevani.
6. Reply- Sharing of data collected through e-Sanjeevani with third parties including public and private entities is dealt with case-to-case basis.
7. Reply - Registration for ABHA is optional."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 22.06.2023 which was not adjudicated by the FAA.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 19.06.2024 has been received from the CPIO, NHM-I stating that response dated 18.05.2023 had been sent stating that: In so far as NHM-I Section is concerned, the information sought vide the above referred RTI application is not available in this Section and hence it may be treated as "NIL".
The CPIO/ABPMJAY vide letter dated 14.06.2024 sent intimation that the matter was transferred to the E Health section of CDAC Mohali and CPIO ABDM National Health Authority under Section 6(3) of the RTI Act. A response dated 22.05.2023 was also sent with respect to the query number 7 stating that: NO, it is not mandatory to register for an Ayushman Bharat Health Account under Ayushman Bharat Digital Mission in order to access health services.
Written submission dated 25.06.2024 has been received from the Appellant and duly taken on record. The Appellant has among other averments stated that information has been denied to her on malafide and illegal grounds.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present with Ms. Shivangi Rai Respondent: Shri Rajpal Singh - APIO, NHA; Shri Rajpal Bhatia - CPIO, NHM1 were present during hearing while and Shri Rajesh - CDAC, Mohali was heard through video conference during hearing.Page 2 of 3
Appellant contended that information sought by her should have been proactively disclosed by the Respondent under Section 4 of the RTI Act. Instead, the Respondent has on some of the points like 1 to 3 denied information with an oblique response. Respondent on the other hand stated that information sought by the Appellant vide queries number 1, 2 and 3 were not available nor held by them in official records, hence the no information could be furnished in this regard.
The Appellant stated the response of the CPIO, C-DAC, to question no. 4 as incomplete, since information about whether and how much payment was made to AWS for hosting e-sanjeevani had not been provided. The Respondent reiterated that no direct payment is to be made to AWS.
Decision Upon perusal of records of the case and hearing averments of the parties, the Commission is of the considered opinion that information available on record with the public authority as defined under Section 2(f) of the RTI Act has been duly furnished to the Appellant, in terms of the provisions of the RTI Act. In the given circumstances, since appropriate information in terms of provisions of the RTI Act has already been provided by the Respondent, no further intervention is warranted in this case under the RTI Act.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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