CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/001445/8493
Appeal No. CIC/SG/A/2010/001445
Relevant Facts
emerging from the Appeal
Appellant : Adv. Surbhit Dileep Barla
15, Mukti, 9,Samarth Nagar
Nashik-422005, Maharashtra.
Respondent : Public Information Officer & Regional P.F.
Commissioner-II (F&A)
Employers' Provident Fund Organization
Ministry of Labour and Employment,
Government of India
37, Royapettah High Road
Chennai-600014
RTI application filed on : 06/04/2009
PIO replied : 22/06/2009
First appeal filed on : 01/07/2009
First Appellate Authority order : 24/07/2009
Second Appeal received on : 02/09/2009
Information Sought:
The Appellant sought information regarding -
• EPF Contribution of the Appellants wife Ms Dhara Parakh (Now Mrs. Dhara Surbhit Barla) made by
M/s Life Cell, Chennai and the total outstanding amount in the EPF account including the transferred
EPF Funds if any, from the former employers of Ms. Dhara Parakh.
• Details of withdrawn and/or loan amounts taken from above EPF account.
Reply of the Public Information Officer (PIO)
The PIO in response to the application had informed that no such query could be answered without the EPF
Account number since it was not feasible to disseminate the information without such account number.
The PIO had also informed the Appellant to produce the documentary evidence, if any, in support of the facts
in connection with the relationship with the member and the proof for pending suit against the member in the
Hon’ble court of judicature.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA directed the PIO to comply with the directions issued by the PIO as the office identifies the
members through the Employees’ Provident Fund Account number only. The FAA therefore requested the
Appellant to provide the information sought by the PIO so that the matter could be expedited.
Grounds for the Second Appeal:
Unsatisfactory information had been provided by the PIO and unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing on 09 July 2010:
The following were present
Appellant: Adv. Surbhit Dileep Barla on video conference on video conference from NIC-Nasik Studio;
Respondent: Absent;
The appellant stated that the PIO had not denied the information but had only stated that the EPF Account
number was required. The appellant stated that he had given the name of the unit where Ms. Dhara Parakh working
and hence it is not difficult for the respondent to provide the information. The appellant stated that the PIO had not
claimed any exemption from disclosing the information under Section 8(1) of the RTI Act and stated that this
information should be given to the parliament and hence Section 8(1)(j) could not be claimed to be applicable.
The decision was reserved during the hearing.
Decision announced on 12 July 2010:
Section 8(1)(j) of the RTI Act exempts the disclosure of information which relates to personal information
the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted
invasion of the privacy of the individual unless the Central Public Information Officer or the State Public
Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies
the disclosure of such information.
To qualify for this exemption the information must be “personal information”. In common parlance, the
adjective “personal” may be ascribed to an attribute which applies to an individual and not to an institution,
organisation or a corporate. Further, the phrase “disclosure of which has no relationship to any public activity or
interest” means that the information must have some relationship to a public activity or interest. Various public
authorities while performing their functions routinely ask for “personal” information from citizens. This clearly
comes within the purview of a public activity. In other words, except for information which is obtained by a public
authority while using extraordinary powers, the disclosure of information which is routinely collected by a public
authority and routinely provided by an individual would not be an invasion on the privacy of the individual.
In the instant case, the Appellant has sought information in relation to the EPF contributions made by M/s
Life Cell, Chennai on behalf of his wife Smt. Dhara Surbhit Barla and other particulars of her EPF account. The
information sought by the Appellant comes within the ambit of “personal information”. The amounts deposited in a
PF fund are partly statutory as a percentage of salary and there could also be a voluntary deposit. The percentage of
salary to be deposited is well known and the voluntary contribution is a matter of personal choice just as an amount
deposited in a bank is a route for savings. Similarly withdrawals from the PF fund are clearly a matter of personal
choice. Disclosure of this information would certainly be an unwarranted invasion on the privacy of an individual.
Hence the Commission holds that the details of the amount in the provident fund and the contribution to the
provident fund is clearly information which an individual may like to keep to oneself. This certainly qualifies as
information which, if disclosed, would be an invasion of the privacy of the individual. No claim has been made of a
larger public interest being served by the disclosure of this information. Hence, the Commission upholds the
contention of the PIO that the information sought is covered by Section 8(1)(j) of the RTI Act and hence is
exempted from disclosure.
Decision:
The Appeal is dismissed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
12 July 2010
(In any correspondence on this decision, mention the complete decision number.)(IN)
