Uttarakhand: Now you cannot refuse to give CCTV footage, Information Commissioner Yogesh Bhatt gave this big order
CCTV footage is a record available in electronic form. It cannot be denied on demand under RTI unless it is a threat to the sovereignty, security and personal safety of the state. The Public Information Officer should preserve the desired video footage separately before refusing to provide information citing Section (8) of the RTI Act citing threat to security and sovereignty.
CCTV footage cannot be denied now
Information Commissioner Yogesh Bhatt has said that CCTV footage cannot be denied now. He said that there is no justification for refusing to give the desired footage to the applicant under RTI without preserving it. Such refusal raises questions on the intention of the Public Information Officer towards RTI and is a crime of hiding and destroying evidence.
The State Information Commission, in a decision on the information of CCTV footage under the Right to Information Act, has made it clear that while imposing a fine of Rs 25,000 on the Public Information Officer of the Food Department of Haridwar for refusing to provide the CCTV footage without preserving it, has informed that the CCTV footage sought under the Right to Information Act should be preserved till the time limit of the second appeal as per the provisions of the Act.
Information Commissioner Yogesh Bhatt has given this big order
Let us tell you that Udayveer Singh, a resident of Roorkee, district Haridwar, had sought the recording of the CCTV camera installed in the office of the District Supply Officer, Haridwar on 25 May in a request letter. But in which it has been mentioned that there is no obligation to give information, citing Section 8(1)(ch) of the Right to Information Act. But when this matter was heard by State Information Commissioner Yogesh Bhatt, the Public Information Officer said in the hearing that while installing the CCTV cameras, no order or instruction was received from the head of the office regarding preserving the footage of the CCTV camera. As a result of which the footage of the CCTV camera has never been preserved.
On which the Information Commissioner in his order said that citing exemption provisions of Section (8) of the Right to Information Act, the Public Information Officers refuse to provide CCTV footage. It is clarified that under Section 2 (th) of the Right to Information Act, CCTV footage can be obtained under ‘information’ because it is a record available in electronic form.
CCTV footage is evidence as well as helpful in confirming events and statements, therefore, the Public Information Officer cannot refuse to provide it under the Right to Information Act to the extent that the desired CCTV footage is not a threat to the security, sovereignty of the state or the personal safety of anyone.
Refusal to provide CCTV footage is like destroying evidence
The Information Commissioner said that refusing to provide CCTV footage under Section (8) of the Act without preserving the footage sought under the Right to Information is like destroying evidence. It is clarified that before refusing to provide CCTV footage under the Right to Information Act in any public authority, it must be preserved till the time limit of second appeal under the Right to Information Act. All public authorities should also issue proper instructions to the Public Information Officers in this regard. Please note that the Information Officer has also imposed a fine of twenty-five thousand rupees on the then Public Information Officer for not providing the CCTV footage.
