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| SMHS hospital denies info, SIC upholds order | | Personal details of Pellet Gun victims | | Early Times Report
Srinagar, May 11 : The SMHS hospital authorities have denied to provide personal information about patients (names , addresses etc) to an applicant who sought the details under Right to Information Act (RTI). As the case landed in State Information Commission (SIC), the Commission upheld the order of the SMHS Public Information Officer (PIO) on the grounds that information sought so is of fiduciary relation between doctor and a patient and thus ordered on April 28th that such information need not be divulged. As per details available one Abdul Manan Bukhari from Baghati, Kanipora Budgam filed an RTI application through Registered Post on 21.01.2014 addressed to Public Information Officer SMHS Hospital Srinagar, seeking following information: -
1. "Applicant requires the names, address MRD No. and other details of total number of patients who required an operative procedure in department of general surgery SMHS Hospital Srinagar due to the pellet gun injuries from 2010 to Oct 2013.
2. Names, residence, MRD No. etc. of patients who were operated in Ophthalmology Department of SMHS Hospital Srinagar due to the pellet guns injuries caused by the pellet guns used by the law enforcing agencies from 2010 to 2013.
3. Names, MRD No. etc. of the patients who's eye sight was damaged completely, partially, both eyes, one eye etc. due to the pellet guns injuries caused by the pellet guns used by the law enforcing agencies from 2010 to 2013".
This RTI application was transferred by PIO to Head of the Department, Surgery/Ophthalmology on 20.01.2014 requesting him to furnish the requisite information immediately to his office for onward transmission to the applicant. Thereafter the appellant filed First Appeal before First Appellate Authority (FAA) SMHS Hospital Srinagar through Registered Post on 15.03.2014 on the grounds that after expiry of statutory period specified under the J&K RTI Act, information was not received by the appellant. The FAA has adjudicated First Appeal on 25.03.2014 with directions to the PIO SMHS Hospital Srinagar to provide the complete information to the applicant within 15 days. Accordingly PIO vide letter dated 02.04.2014 has informed the appellant as under: -
"With reference to your RTI application dated 21.01.2014, the reply received in this regard from the concerned quarters reflects that 'As per the RTI Act 2009 Section 8 regarding any information about the patient of his ailment can't be divulged to a 3rd person. . Abdul Bukhari is welcome to get information about the health statics of all the pellet injuries provided he get the patient along with him". Aggrieved by the order of PIO, appellant filed Second Appeal before the Commission challenging order of the PIO for invoking section 8 of the Act with regard to information about ailment of the patients. He accordingly requested the Commission to issue directions to the PIO and also action against him.
SIC order reads as :
During proceedings before SIC Srinagar on April 28th 2014 the PIO produced a document on Forensic Medicine titled "Professional Secrecy" stating that medical practitioners should not divulge the secrets of the patients communicated to him during the course of treatment. The information sought by the appellant includes names, address and MRD Nos' of the patients who have suffered pellet injuries. These details are personal information and fall under Section 8(1) of the J&K RTI Act, 2009, disclosure of which has no relationship to any public interest or activity. In this instant case, the appellant has sought information with regard to medical records of patients which is information held by a Doctor in his fiduciary relationship as explained at para 22 of the Hon'ble Supreme Court's judgment in the case tiled Central Board of Secondary Education & Anr. v/s Aditya Bandopdhyay & Ors. in the Civil Appeal No. 6454 of 2011 as under: - "…..But the words' information available to a person in his fiduciary relationship' are used in section 8(1)(e) of RTI Act in its normal and well recognized sense, that is to refer to persons who act in a fiduciary capacity, with reference to a specific beneficiary or beneficiaries who are to be expected to be protected or benefited by actions of the fiduciary - a trustee with reference to the beneficiary of the trust, a guardian with reference to a minor/physical/infirm/mentally challenged, a parent with reference to a child, a lawyer or a chartered accountant with reference to a client, a doctor or nurse with reference to a patient…….".
SIC order further reads as :"In view of above, the Commission is of the considered view that the order passed by the PIO is in accordance with J&K RTI Act, 2009 and order regarding denial of personal details of ailment of patients are upheld. PIO is however, directed to provide rest of information as per records excluding names, address and other personal details of the patients" |
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