UP Information Commission Upholds Privacy in RTI Case Involving Road Accident Victim
The Uttar Pradesh State Information Commission has delivered a significant ruling that reinforces the protection of personal information under the Right to Information Act. In a recent appeal, the commission firmly stated that individuals who are not related to or authorized by the family of a road accident victim cannot seek details about the victim's death, as such information is classified as personal and sensitive.
Commission Bench Rejects Unrelated RTI Application
A bench led by Information Commissioner Mohammad Nadeem dismissed an RTI application that sought information from the Uttar Pradesh Expressway Authority regarding a person killed in a road accident. The bench emphasized that there was no legal justification for providing such details to an unrelated person. In its order, the commission clarified that if the family of the deceased, a legal heir, or duly authorized individuals submit an application with the necessary documents in the future, it would be considered independently and in accordance with the law.
Background of the Case
The case originated from a tragic incident on December 5, 2022, when a resident of Lucknow died in a road accident on the Agra-Lucknow Expressway in Mainpuri district. The applicant, who had no relation to the victim and was not authorized by the family, filed an RTI application with the Expressway Authority. The request included details of the vehicle involved in the accident, information about the FIR registered at the Karhal police station in Mainpuri, and certified copies of all records related to the accident from the Authority.
After receiving no response from the authority, the applicant escalated the matter by filing an appeal with the State Information Commission.
Legal Reasoning and Privacy Protections
In its detailed order, the bench highlighted that the RTI applicant was neither a family member, legal heir, nor an authorized representative of the deceased. The applicant failed to submit any documentation to establish a right to receive information on behalf of the victim's family. The commission pointed out that records related to the road accident constitute personal and sensitive information about the deceased, which is safeguarded under Section 8(1)(j) of the Right to Information Act, 2005.
The bench further clarified that such information cannot be disclosed without the consent of the family or an order from a competent court. It also noted that a potential compensation claim or preparation for judicial proceedings does not inherently constitute public interest, thereby lacking legal justification for providing the information on these grounds.
Implications for RTI Applications
This ruling sets a precedent for how personal information is handled under the RTI Act, particularly in cases involving sensitive matters like road accidents. It underscores the balance between transparency and privacy, ensuring that the rights of individuals and their families are protected while maintaining the integrity of the information disclosure process.
The decision reinforces the need for applicants to demonstrate a legitimate connection or authorization when seeking personal details, thereby preventing misuse of the RTI framework for unrelated inquiries.
