By: Team Kanoonirai
Advice in RTI Matters

Reading Progress:

Get call details under RTI Act

by | 31 Aug, 2015 | RTI Matters

Home | Advice | RTI Matters | Get call details under RTI Act

Can I get call details under RTI Act? I want CDR and tower location of a person because he has eloped my sister. He is studying in her class and he has instigated my sister to leave the house. When my sister left the house he was present in our village. Thereafter both are missing. I suspect that he is in contact with my sister. Therefore, I need his call detail record which may give some clue about the incident. If it is possible to get CDR, then please inform under which provision?

Question from: Bihar

You want to access the call detail record (CDR) of a private person which is maintained by the telephone operator. That telephone operator is a private company which does not come under the purview of public authority. The provisions of the RTI Act do not apply to the private body, person or institution. Therefore, you cannot get the call details from the telephone operator under the Right to Information Act.

Call details under RTI Act

The CDR is not a piece of public information. It is indeed a personal information thus, the Public Information Officer (PIO) cannot disclose it under the RTI. When the personal information carries some public importance then the PIO will provide them in the service of public interest. If you want call details under the RTI Act then you have to prove that its disclosure is necessary for the broader public interest.

In Asia Ummer Nattukallingal v. BSNL, [2011] CIC 11120 the Central Information Commission held that needless to say, the call details are personal information and this information can be disclosed only in the larger public interest.

File No. CIC/LS/A/2011/000069

In your case, there is no significant public interest in giving CDR of a private person merely on the suspicion of a crime. You can get the call details of that person after lodging the FIR because the CDR will then become an important piece of evidence. It may give some relevant information about the crime and criminal as well. Hence, this would establish a larger public interest in getting the CDR.

The CDR of a third party is privileged information, hence, you cannot obtain call details under the RTI Act. Section 8 (1) of the RTI Act prohibits to disclose information of a third party. According to sub-clause (j) of section 8 (1), a citizen has no right to get the personal information, the disclosure of which has no relationship to any public activity or interest.

In Vikas Goel v. CPIO [2013] CIC 2407, the Central Information Commission (CIC) held that service provider is bound to protect the confidentiality of its subscribers. It cannot disclose to the third-party information relating to mobile/telephone connection of any subscriber. This information is exempted under section 8(1)(j) of the RTI Act unless the third person shows larger public interest in such disclosure.

Lodge an FIR instead to get call details

Your sister is missing in suspicious circumstances so you should immediately file an FIR instead to get call details under the RTI Act. The investigating officer has the power to obtain CDR in the course of an investigation. The investigating office may approach the service provider to provide the CDR of the accused. Section 91 of the Code of Criminal Procedure gives such power to the investigating officer to direct a person to provide relevant information pertaining to the crime. 

The investigating officer, however, has the power to collect CDR during the investigation. Section 161 & 162 of the Code of Criminal Procedure empower him to obtain relevant evidence about the offence. He can directly approach the service provider to give CDR instead of getting call details under the RTI Act. 

Other advice you might like

Can I get call details from the BSNL under RTI Act

Can I get call details under RTI Act? I want to get call details and tower location of my BSNL mobile number to know when was my mobile misused & who was involved? The Right to Information Act applies for access of public information. Call detail of your mobile...

Disclosure of information under RTI

Can information under RTI ACT be taken regarding the degrees, name of the university where one had been reading? Roll no of the university, photocopies of the Degrees, photocopies of Service Book & ACRs of Government employees, through their public information...

Office

Spring Greens Apartment
Ayodhya Road
Lucknow

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54