Passport information can be made public under RTI

Passport information can be made public under RTI, CIC says

 Economic Times, 07/May/2012

NEW DELHI: In a decision that could kick up a controversy, the Central Information Commission(CIC) has said that information provided by a person while applying for a passport could be disclosed under the Right to Information Act. "Given our dismal record of mis-governance and rampant corruption which collude to deny citizens their essential rights and dignity, it is in the fitness of things that the citizen's right to information is given greater primacy with regard to privacy," information commissioner Shailesh Gandhi said while ordering the disclosure recently.  The case relates to an RTI plea filed by Anita Singhwho sought information including passport details and copies of papers annexed by Ajeet Singh while applying for his passport besides details of education and residence.  The external affairs ministry stated that third party information could not be disclosed without taking the views of the party and since the present residential information of the applicant was not known, it would not be possible to obtain his views and disclose the details sought under the RTI Act.  "The commission rules that if the third party's address is not located, it does not mean the citizen's right to information would disappear. Section 11 is a procedural requirement that gives third party an opportunity to voice and objection in releasing the information," Gandhi said.  He said the procedure of Section 11 did not give a third party an unrestrained veto to refuse disclosing information. 
On the question of invasion of privacy, Gandhi said the state has no right to invade the privacy of an individual. "However, there are some extraordinary situations where the state may be allowed to invade the privacy of a citizen," he added.  Gandhi was of the opinion that various public authorities routinely ask for "personal" information from citizens and this is clearly seen as a public activity. He added that when a citizen provides information in discharging a statutory obligation, that too is a public activity.  Former chief information commission Wajahat Habibullah said while he would not comment on the particular case, in normal circumstances, passport details would be considered private information. "The decision could lead to a legal tussle," he admitted.  Centre for Advocacy and Research executive director Akhila Sivadas said disclosure would be justified depending on the context. "If there is public interest, then it is fine. But if there is invasion of privacy, there are legal safeguards to protect individual interests," she added.
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