Central Information Commission
Mr.Emam Najirmirza vs Bharat Sanchar Nigam Limited on 22 January, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File Nos.CIC/LS/A/2012/900254/BS/1739
22 January, 2013
Relevant Facts emerging from the Appeal
Appellant : Mr. Emam Najir Mirza
At Post Lamjana
Tal: Ausa, Dist: Latur,
Maharashtra-413512
Respondent : CPIO & DGM(Admn.)
BSNL
Opposite Old Railway Station
Latur-413512, Maharashtra
RTI application filed on : 01/10/2011
PIO replied : 12/10/2011
First appeal filed on : 15/10/2011
First Appellate Authority order : 03/11/2011
Second Appeal received on : 29/11/2011
Information sought:
The appellant had sought incoming, outgoing and missed call details of following mobile numbers for the period 23/06/2011 to 15/07/2011:
1- 9422940658 2- 9421372482 3- 9422472266 4- 9402348678 Grounds for the Second Appeal:
The PIO has denied the information under RTI Act.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Emam Najir Mirza through VC Respondent: Mr. S.V Kudrikar CPIO through VC The appellant stated that he has not received the information requested in his RTI application dated 03/10/2011. The CPIO stated that the appellant had asked for call details of four subscribers and they had written to seek their consent as provided under Section 11 of the RTI Act, however, the subscribers did not agree to the disclosure and since the appellant had not cited any larger public interest in seeking the information, exemption has been claimed under Section 8(1)(j) of the RTI Act. The appellant argued that he is involved in litigation and information should be provided as his human rights are being violated.Page 1 of 2
Decision Notice:
The contention by the appellant is not sustainable. BSNL is bound to protect the confidentiality of its subscribers and information relating to call details of a 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 in such disclosure.
The appeal is disposed of accordingly.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
BASANT SETH Information Commissioner (In any correspondence on this decision, mention the complete decision number.) (RM) Page 2 of 2