[rti4empowerment] CIC ORDER DISCLOSURE OF IDENTITY OF UNKNOWN CALLER

 

CIC ORDER DISCLOSURE OF IDENTITY OF UNKNOWN CALLER

 

The Central Information Commission ordered to the Bharat Sanchar Nigam Ltd. Kanpur to reveal the identity of the unknown caller.  The applicant was Shri Hari Shankar Gupta and the case numbering 2010/000138 was decided by Shri M. L. Sharma, Information Commissioner on 27.10.2010.  The decision has been given below.

 

DECISION

 

Heard today dated 27.10.2010. Appellant not present. The BSNL is represented by Shri Amit Kumar Srivastav, Dy.GM.

 

2. It is noticed that an unknown person had made two calls late at the dead of night of 21.6.2009 from mobile No. 9455713825 to his mobile No. 9415278713. The appellant had requested for the identity of the caller through the RTI application. This information was denied to him. Hence, he has filed the present appeal.

 

3. Shri Srivastav submits that the requested information has not been provided as it impinges on the privacy of the caller.

 

4. It is to be noted that while the right to privacy is sacrosanct it is not an absolute right. Considerations of safety, security and convenience of the called party are also relevant considerations. The caller had made two calls at midnight to the appellant. These calls may impinge on the appellant's security. In any case, these unwanted calls caused nuisance to the appellant. In the circumstances, we are of the opinion that it will be in the larger public interest to disclose the requested information. Hence, the order of the CPIO is set aside and he is hereby directed to disclose the identity and address of the caller. No proof for the above needs to be provided to the appellant.

Sd/-

(M.L. Sharma)

Central Information Commissioner

Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.

 

(K.L. Das )

Assistant Registrar

 

Address of parties :-

1. The Deputy General manager(Admn.) & CPIO, BSNL, Kanpur, Uttar Pradesh.

 

2. Dr. Hari Shankar Gupta, Campus UHM, District Male Hospital, Kanpur Nagar, UP-208001.

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