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Responsible Citizen   03 August 2023

Can rti applicant be traced?

Dear Members,

Suppose an individual submits an RTI request via an online portal to a state government department. They use a different name and email address (not the real ones), providing neither a mobile number nor a physical address, and they made their payment through UPI. Under these circumstances, is it possible for the Public Information Officer (PIO) to uncover the true identity or real name of the person who filed the RTI? Your insights would be greatly appreciated.

Thank you.



Learning

 11 Replies


(Guest)
As long as it is not vexatious, the PIO has to provide the requested information. AFAIK, tracing the RTI applicant is not as per the Act.
1 Like

Responsible Citizen   03 August 2023

Originally posted by : K Sisirkumar

As long as it is not vexatious, the PIO has to provide the requested information. AFAIK, tracing the RTI applicant is not as per the Act.

Dear Sisirkumar Ji, thank you for your response. The requested information was the inspection reports. I understand that the RTI Act does not include provisions for tracing the applicant. However, I am curious to know: Can or will the Public Information Officer (PIO) be able to unveil the true identity of the applicant?

T. Kalaiselvan, Advocate (Advocate)     03 August 2023

The PIO will not go into the veracity or verification of the genuineness of the applicant seeking information through RTI Act.

If the request for the information is valid as per the provisions of the law then it becomes the duty of the information officer to divulge the information.

 

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     03 August 2023

Yes.  I agree with the advice of the learned expert Sri T.Kalaiselvan sir.

Vikash Tiwari   04 August 2023

Basically you will be impersonating, which is offence. Everything has to be real. You apply in someone else's name. Give proper detail. 

1 Like

Dr. J C Vashista (Advocate )     04 August 2023

What is your intention / mense rea for filing RTI application under "fake" identity, which would, otherwise, not affect its response ????  

1 Like

Responsible Citizen   04 August 2023

Originally posted by : T. Kalaiselvan, Advocate

The PIO will not go into the veracity or verification of the genuineness of the applicant seeking information through RTI Act.If the request for the information is valid as per the provisions of the law then it becomes the duty of the information officer to divulge the information. 

The reason for asking this question is that the RTI may uncover some serious discrepancies in the working of a particular department and the PIO may reveal the identity of the applicant.

Vikash Tiwari   04 August 2023

Yes it can be traced. In India nothing secret. 

1 Like

Responsible Citizen   04 August 2023

Originally posted by : Dr. J C Vashista

What is your intention / mense rea for filing RTI application under "fake" identity, which would, otherwise, not affect its response ????  

Dear Dr. Vashisht, 

Thank you for your response. The main aim of my RTI application is to obtain inspection reports from a particular department. I have reservations about this department's operations and their financial account management, which seem riddled with discrepancies. 

My primary concern revolves around the possibility that the PIO might be able to trace the applicant's real identity. Fearing potential harassment, I wish to avoid using my true identity. Could you please advise me on the protocols in such situations?

T. Kalaiselvan, Advocate (Advocate)     04 August 2023

 

 

whether or not the department is bound by law to divulge the information sought through RTI act, to the applicant.

Any information furnished by the pio shall be taken as a fact by court of law and the further proceedings will proceed based on the facts divulged by the PIO, hence the apprehension by  the applicant for a pissoble retaliation (indirectly or directly) is just an imaginary concept.

When the law says anyone can obtain the information through RTI act, the genuineness of the applicant is not a criteria to accept or reject the applicaiton 

vasantharao venkatarao (Independent professional )     09 August 2023

A very interesting issue. In an era of digital age,and the use of technology in various activities of our daily life, it is time that the information sought by an applicant be disposed of by the. public Information officers in accordance with the provisions of the Act.

Just by way of an analogy  if the  financial transactions especially in the areas of redemption of mutual fund units can be done by providing the Bank Account details and at the most by updating email id  and mobile numbers , the RTI Act may also facilitate the disposal of the applications through email.

Faceless or anonymity could in fact pave the way for more successful application of the RTI Act 


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