Information about the treatment of wife
27 Jan, 2012Background
Information about why a female patient was admitted in a government hospital, the details of treatment etc were sought. The PIO refused information claiming exemption under section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of RTI Act as patient doctor relationship is confidential and the information is available to a doctor in his fiduciary relationship. On appeal, the First Appellate Authority stated that the Applicant had declared himself as husband of the patient after which the PIO had provided some information to the Applicant.
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During the hearing the Appellant informed the Commission that the information being sought by him is about his wife and that is a marital dispute between them. It was quite evident to the Commission that the Appellant was seeking the information in an attempt to initiate divorce proceedings. The Commission rejected the appeal holding that the information being sought is held in a fiduciary capacity by the Doctor (Psychiatrist) and cannot be provided to the Appellant under section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act.
Citation: Shri Kishore Sharma v. Northern Railway in file No: CIC/AD/A/2011/002591
RTI Citation : RTIFI/2012/CIC/35
Click here to view original RTI order of Court / Information Commission