RTI can't be used to seek CCTV footage without probe, court order: UP SIC

The ruling was given by a bench headed by State Information Commissioner (SIC) Mohammad Nadeem, while hearing a plea under the RTI Act seeking CCTV footage from a hospital in the Bijnor district

The Uttar Pradesh State Information Commission has ruled that CCTV footage can be provided only if it forms part of a court order or a police probe, noting that the RTI Act can not be treated as a substitute for investigation or trial.

The ruling was given by a bench headed by State Information Commissioner (SIC) Mohammad Nadeem, while hearing a plea under the Right to Information (RTI) Act seeking CCTV footage from a hospital in the Bijnor district.

In his order, the information commissioner said, "Unless the CCTV footage of a hospital premises is part of a police investigation or a judicial order, it cannot be made available to any individual merely on demand."  Hearing an appeal filed by Kulwant Singh, the SIC observed that even if allegations related to fake medical practices are assumed to be true, their examination should be carried out through a police investigation, a competent court or departmental disciplinary proceedings.

 

The RTI Act, he said, cannot be treated as a substitute for investigation or trial.

He noted that hospitals are public health institutions where hundreds of patients, their attendants, doctors and staff move daily.

According to an official statement, Nadeem said CCTV footage records not only the activities of the appellant but also those of many other patients and individuals, making it an issue directly linked to their privacy.

"Unless there is a valid reason or larger public interest, the RTI law does not permit violation of anyone's privacy. We cannot grant one person the right to intrude into the privacy of hundreds of others to substantiate his complaint," he said.

The SIC further said, apart from cases where footage is part of a police investigation or produced under a court order, directing its disclosure in any other situation can be considered only when it does not affect the privacy of others.

He added that demands for hospital CCTV footage to substantiate routine personal complaints cannot be accepted.