Community › Forums › Legal Advice India › Need help regarding someone seeking private information under RTI
- This topic has 7 replies, 5 voices, and was last updated 1 year, 4 months ago by
User_f81352d4.
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UUser_f81352d4
PARTICIPANT
February 14, 2025 at 2:23 pmMy father serves as a government school principle. There are 15 other schools which come under his jurisdiction. In one of those schools there were 3 people who studied during 1998-2005.There’s this advocate who is seeking their SR (record containing their Names, DOB, Parents information and other information) under RTI. There was nothing in the letter about why was this information seeked or if this information served some other public interest. My father is not that well versed in legality of RTI, so he contacted some other advocate who told him that certain information (mainly private 3rd party information) are exempted under section 8 and 11 of RTI. Also my father contacted these 3 people on his own accord and told them their record is being seeked by some advocate. These 3 people gave him written and signed withdrawal of consent to not share their private information. My father is a very busy person having to deal with a lot of stuff (administrative work), he forgot to send a return answer. Now this advocate has filed an appeal that he was not provided with information and asking for damages worth Rs 11000 + Rs 90000.
Apparantly this guy is quite infamous amaong lawyers and other government employees for misusing the RTI Act, seeking random information and filing for damages when not provided in timely manner. I know he can just provide the information and be done with it. But he’s worried that if he did this then he might end up asking some other info some other day. And this is it’s not about the information now but the fucking damages he’s seeking.
This has created issues for my father because this is a peak time where he has to watch over preparations for Annual Exams (+ board exams) and it’s not just his school but all the other 15 schools. This has turned into borderline harassment.
Please suggest how to approach this matter further.
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EExpertfox3531
PARTICIPANT
February 14, 2025 at 3:34 pmNot a lawyerWhat is your father’s department head saying on this issue?
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UUser_f81352d4
OP
February 14, 2025 at 3:51 pmIdk why but he’s scared shitless and telling my father to just release the information because he doesn’t want to extend the matter. My father doesn’t want to extend the matter too.But he’s confused; what if he releases this information and then further issue is created by those 3 people because he doesn’t know why that information is seeked out and they have have already given their withdrawal of consent.
Being a government employees he is very cautious in such matters where information of any kind is seeked out.
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EExpertfox3531
PARTICIPANT
February 14, 2025 at 4:00 pmWhat is their superior saying on this matter? Isn’t there any legal adviser for the government department head is working on?-
UUser_f81352d4
OP
February 14, 2025 at 4:04 pmDEO(Distt. Education officer) will tell the CBEO and CBEO will tell the Principal to release it. But ultimately headache to mere father ki hi h. They will just keep putting the responsibility on the other person. And my father is taking too much stress on this but I can understand his concerns too.
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BBrightshilpa6840
PARTICIPANT
February 14, 2025 at 3:53 pmDon’t worry, it’s a frivolous case. -
UUrbanwolf2400
PARTICIPANT
February 15, 2025 at 5:18 amYour father should have given a reply to the RTI query. Plus there are clerks for these kinds of jobs. Ultimately it is your father’s responsibility.Your father was very busy is not a valid explanation for something that should be done.
As teachers used to say, did he not take his meals, or did he not do his routines because he was busy?
Reply the RTI query, and consider the cost a lesson.
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PPrashantrider286
PARTICIPANT
February 17, 2025 at 7:15 amUnder RTI Act [Sections 8(1)(j) ](https://cc.rti.link/orf)and 11, personal information of third parties is protected unless there’s a larger public interest. Since written consent to withhold was obtained, your father followed the correct approach. If the appeal continues, he can present the consent letters and cite these exemptions. Stay strong!
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