GROUNDS FOR REJECTION TO ACCESS IN CERTAIN CASES, WHERE REQUEST FOR PROVIDING ACCESS WOULD INVOLVE AN INFRINGEMENT OF COPY RIGHT SUBSISTING IN A PERSON OTHER THAN STATE.

Disclosure of personal information under the RTI Act, 2005:-- The central information Commission in one of its decisions has held that information about the complaints made against an officer of the Government and any possible action the authorities might have taken on those complaints, qualifies as personal information within the meaning of provision of section 8(1) (j) of the RTI Act, 2005.(2) The central information commission while deciding the said case has cited the decision of Supreme Court of India the matter of Girish R. Deshpande v. CIC and others (SLP(C) No. 27734/2012 ) in which it was held as under:-- "The performance of an employee /officer in an organization is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression'personal information' , the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which could cause unwarranted invasion of the privacy of that individual. " The supreme Court further held that such information could be disclosed only if it would serve a larger public interest. (3) This may be brought to the notice of all concerned. (G.I ., Dept. of per, &Trg., Letter No. 11/2/2013 -IR (pt.) Dated the 14 August, 2013.)