RTI Request, Medical Records and a Pending Criminal Case
An RTI application is received by the DDA's public information officer for a completed road project in a resettlement colony. The applicant seeks: (a) copies of the contractor's running bills and measurement books; (b) the medical records of a worker who was injured at the site; (c) the successful bidder's price bid after the work award; and (d) the names and designations of the officials who inspected the work. Separately, a newspaper reporter asks for the 'full inquiry report' into a boundary-wall collapse at the same site while a criminal case against the contractor is pending. The PIO forwards the file to you as the junior engineer with a note: 'Mark each item as disclosable or exempt, and give reasons; we must reply within 30 days.' You know the injury was minor and the worker has since returned to work.
1. Classify items (a) to (d) as disclosable or exempt, giving the governing reason for each.
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(a) Running bills and measurement books: disclosable. They record expenditure of public money and measurement of public work, and disclosure serves transparency. Any genuinely personal information, such as a worker's home address, can be severed. (b) Medical records of the injured worker: generally exempt as personal information whose disclosure has no relationship to any public activity and could cause unwarranted invasion of privacy. The fact that an injury occurred and that compensation was processed can be disclosed without revealing the medical file. (c) Successful bidder's price bid after award: disclosable. Once the contract is awarded, the price bid is part of the public procurement record; commercial-confidence exemption is not a blanket shield, and the public interest in transparency outweighs any residual commercial sensitivity. (d) Names and designations of inspecting officials: disclosable. This is information about official duties, not private personal information.
2. The injured worker's brother now asks for the same medical records. Does that change your answer? Explain.
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It does not automatically change the classification. The medical record remains third-party personal information. A family relationship may show a legitimate interest, but it does not by itself override the privacy protection in the RTI framework. The proper course is to seek the worker's written consent; if consent is given, the relevant records can be provided with any unrelated personal details severed. If the brother is the recognised next of kin or legal guardian and is acting for the worker, that should be documented. RTI is not the normal route for obtaining a family member's medical file; the request can be redirected to the worker or to the treating hospital's authorised procedure.
3. The media seeks the full inquiry report while a criminal case is pending. Advise the PIO on disclosure and severability.
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A pending criminal case can attract the exemption for information that would impede investigation, prosecution or apprehension of offenders. The PIO should not release the full report mechanically while the case is at a sensitive stage. However, the exemption is not permanent and must be applied to specific content, not to the whole file by default. The PIO should examine the report, release the factual findings that are already public or complete, and sever names of witnesses, unverified allegations, and material that could prejudice the trial. A brief summary of the inquiry's conclusions and the action taken can be provided. Once the criminal case concludes, the report should be reconsidered for disclosure with appropriate severance.