RTI denial upheld for voluminous third-party personal info in fiduciary capacity; no new record creation; repetitive misuse cautioned.

Information sought:

1. The Appellant filed an (offline) RTI application dated 07.09.2024 seeking the following information:

“I want some accurate information via this RTI so, now I file this new application give me the accurate information’s for the below queries.

QUERY – 1) I am your Former FSE 0015070 who is illegally terminated by you (LICI Salem Do) without any Mercy. In my Tenure ‘2925’ policies are completed in my FSE Code. In the particular period My Personal Data like My Name V S S KRISHNA and My Personal Mobile No: *****0692 both are printed in the third party bond copies especially in the “Footer Path” which is completed in the Bank Agency Codes.

Regarding that I send several emails and filed lots of RTI’s regarding my one of the RTI Ref No: LICOI/R/E/20/00373 Rt Dt: 20.03.2020 Q - 01.09 your Central Office CPIO Mr. K. K. Jha clearly replied that “The Applicant is informed that FSE’s were assigned certain business targets and FSE codes were captured in the proposals to facilitate the review of their performance, continuity and payment of incentives. The Bank agency code is also available under the head Agency code in the Policy bond. The data captured in the proposal form gets reflected in the policy bond”.

For your kind perusal I enclosed the Central Office – Mumbai RTI Reply PDF. As per your CO – RTI Information My “data captured in the proposal form gets reflected in the policy bond”.

So, now I give you 248 Policy nos which is completed in my FSE code 0015070 Now give me the Proposal forms with proper attestation. (I have full rights to ask because my data was mentioned inside of the proposal forms as per the previous RTI reply)

• I don’t need all the pages of the proposal forms. I need the page exactly where my data was mentioned.

• I don’t need your customer’s details so, you simply hide it.

GIVE ME THE ABOVE METIONED POLICY NO RELATED PROPOSAL FORMS WITH PROPER ATTESTATION AS PER THE SECTION 2 (f) OF THE RTI Act 2005.”

2. The CPIO furnished a reply to the Appellant on 30.09.2024 stating as under:

“Reply to Q.No.1:-

You had completed 2925 policies under your FSE Code during the period between 2012 and 2018. The Appellant is informed that the exhaustive and voluminous information sought regarding provision of certified copies of proposal forms of 248 (Two Hundred and Forty Eight) of policy holders from Serial No.1 (Policy No.709322063-S. Yesodha) to Serial No.248 (Policy No. 709323148 B.S.Vishnu Vardhan), is not separately maintained as a Record in a compiled form, at a single point, as it is not mandated by any statutory requirement or by any law being in force and is not required for day-to-day working of the respondent organization. This office of Public Authority will have to trace, collect and collate the exhaustive and voluminous information sought, from the relevant module by feeding each policy number, which would disproportionately divert the resources of the respondent organization, attracting Section 7(9) of the RTI Act, 2005. It is pertinent to mention here that under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the office of Public Authority or is under the control of the Public Authority can be provided. Compiling the information sought for the sake of this RTI Application would amount to creation of a new record, which is not mandated under RTI Act, 2005. Hence, the information as defined under Section 2(i) & 2(f) of the RTI Act, 2005 is not maintai