Showing posts with label Right to Information. Show all posts
Showing posts with label Right to Information. Show all posts

Saturday, October 26, 2013

‘Personal Information’ of a Mobile Subscriber is outside the purview of RTI Act

In an important decision, Delhi High Court (“High Court”) has allowed a writ petition filed by Telecom Regulatory Authority of India (“TRAI”) against the order of Central Information Commission (“CIC”). In the impugned order of CIC, TRAI was ordered to seek information of a mobile subscriber from the concerned service provider. [Telecom Regulatory Authority of India v. Yash Pal, judgment Dated 25th October, 2013]

(Image Source: rationallibertariancorner.com)
Facts: The respondent, Yash Pal, had applied to the CPIO of TRAI seeking call and SMS details of certain mobile numbers. When his application was rejected by both the CPIO and the appellate authority, the respondent filed a second appeal before the CIC. By its order, CIC directed the TRAI to call for the requisite information subject to its availability with the  Service  Provider  and  pass  on  the  same  to  the  respondent. TRAI was required to do this by exercising its power under section 12(1) of Telecom Regulatory Authority of India Act, 1997 (“TRAI Act”). Against this order, TRAI filed the present petition before the High Court.

Relevant Legislations: Right to Information Act, 2005; Telecom Regulatory Authority of India Act, 1997]

Bench: Single Judge [Justice V.K. Jain]