This office memorandum clarifies previous directives concerning the handling of Right to Information (RTI) applications. It addresses the common misconception that collecting information from various public authorities to fulfill an RTI request constitutes the “creation of information,” which is beyond the scope of the Act. The Central Information Commission has highlighted that collecting information does not equate to creating it. Therefore, this clarification emphasizes that while public authorities are not obligated to gather information from other entities to provide to an applicant, the act of collection itself is not prohibited.
The memo reiterates that the original OM from June 12, 2008, was intended to prevent public authorities from being burdened with collecting information from multiple sources for an applicant. This clarification aims to resolve any confusion and ensure a clearer understanding of the RTI Act’s provisions regarding information requests and the roles of public authorities.
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No.10/2/2008-IR
Government of India
Ministry of Personnel, Public Grievances \& Pensions
Department of Personnel \& Training
North Block, New Delhi
Dated: the $1^{\text {st }}$ June, 2009
OFFICE MEMORANDUM
Subject: RTI applications received by a public authority relating to information concerning other public authority/authorities.
Attention is invited to clause (iii) of para 3 of this Department’s OM of even number dated $12^{\text {th }}$ June, 2008 on the above noted subject which, inter-alia, states as follows:
“It is beyond the scope of the Act for a public authority to create information. Collection of information, parts of which are available with different public authorities, would amount to creation of information which a public authority under the Act is not required to do.”
2. The Central Information Commission while deciding an appeal has observed that collection of information cannot amount to creation of information and desired that the above referred OM should be modified so as to avoid any confusion among public authorities.
3. The undersigned is directed to clarify that the OM dated 12.6.2008 does not propose to say that collection of information per se amounts to creation of information. The above referred statement has been made to emphasize that the public authority to whom the application is made is not required to collect information from different public authorities to supply it to the applicant.
4. Contents of this OM may be brought to the notice of all concerned.
- All the Ministries / Departments of the Government of India
- Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/ President’s Secretariat/ Vice-President’s Secretariat/ Prime Minister’s Office/ Planning Commission/Election Commission.
- Central Information Commission/State Information Commissions.
- Staff Selection Commission, CGO Complex, New Delhi
- O/o the Comptroller\&Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.
- All officers/Desks/Sections, DOP\&T and Department of Pension \& Pensioners Welfare.
Copy to: Chief Secretaries of all the States/UTs.
Copy also to : The Central Information Commission with reference to the Commission’s decision dated 6.4.2009 in appeals No.CIC/WB/A/2007/01551 \& 1552.