केन्द्रीय सचू ना आयोग Central Information Commission बाबा गगं नाथ माग,ग मनु नरका

Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi – 110067 नितीय अपील संख्या / Second Appeal No. CIC/BCOIN/C/2024/110040 CIC/BCOIN/A/2024/113646 Shri Sonu … अपीलकता/ग Appellant VERSUS/बनाम PIO, Bar Council of Punjab and Haryana …प्रनतवािीगण /Respondent Date of Hearing : 02.04.2025 Date of Decision : 02.04.2025 Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from appeal:

RTI application filed on : 15.11.2023 PIO replied on : 15.12.2023 First Appeal filed on : 27.12.2023 First Appellate Order on : NA

2^ndAppeal/complaint received on : 03.04.2024 [Both cases arise out of the same RTI application and is related to the same contesting parties, hence the matters are clubbed for convenience of adjudication]

Information sought and background of the case:

The Applicant filed an RTI application dated 15.11.2023 seeking information on the following points:-

“Particular information required: -

1. Please provide Camera Recordings of the scheduled hearings on 15.07.2023, 29.07.2023, and 1.08.2023 before the Hon'ble Members of the Disciplinary Committee, Bar Council of Punjab and Haryana, Chandigarh. Additionally, the applicant also requests the preservation of the Camera Recordings of the hearings scheduled for the same dates in the Hon'ble Bar Council of Punjab and Haryana, Chandigarh.”

The CPIO vide letter dated 15.12.2023 replied as under:-

“Please refer to your application dated 18.11.2023, under RTI Act, 2005, and to inform you that the information sought cannot be supplied, as the CCTV cameras have been installed as a security measure and the disclosure of the information sought may result in the Council getting exposed to the security risks as it will endanger the security of the premises. The purpose of installing CCTV cameras is to ensure surveillance, to keep a vigil on the anti- social elements and illicit happenings. Hence, the disclosure of such information would cause invasion of the privacy of the individuals visiting the Bar Council and its staff members. The records of CCTV footage are not preserved and kept.

Further, CCTV footage contained many visitors for different works and disclosure of that would result in unwarranted invasion of the privacy of third parties. In this regard it is brought into your kind notice that all the sought information relates to personal information and any personal information can't be shared with an RTI applicant as 'personal information' is exempt from disclosure under the Right to Information Act and is protected under Section 8(1) (j) of the RTI Act, for disclosure would cause unwarranted invasion of privacy and these has no relationship to any public activity.”

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.12.2023 which was not adjudicated by the FAA.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Hearing was scheduled after giving prior notice to both the parties.

Appellant/Complainant: Present through video conference Respondent: Shri Mahender Singh – PIO, Bar Council of Punjab & Haryana was present during hearing through video conference.

The Appellant contended that he is not satisfied with the information furnished to him and seeks the CCTV footages.

The Respondent reiterated the contents of response already sent by them, stating that CCTV footages are deleted after 50 days and the Appellant had sought the same after the period. Moreover, such footages are generally not disclosed, in view of provisions under Section 8(1) (j) of the RTI Act, since disclosure of the same would cause unwarranted invasion of privacy.

Decision:

Perusal of records of the case reveals that appropriate response, in consonance with the provisions of the RTI Act, has been duly provided to the Applicant.

CIC/BCOIN/A/2024/113646 Considering that the averments made by both parties du