Mr.Amrit Lal Chawla vs Bsnl, Chandigarh on 20 February, 2009

Central Information Commission

Mr.Amrit Lal Chawla vs Bsnl, Chandigarh on 20 February, 2009

               Central Information Commission
                                                               CIC/AD/A/09/00153

                                                            Dated February 20, 2009

Name of the Applicant                    :   Mr.Amrit Lal Chawla

Name of the Public Authority             :   BSNL, Chandigarh

Background

1. The Applicant filed his RTI application dt.25.10.07 with the CPIO, BSNL, Chandigarh. He stated that he was posted as a Divisional Manager in the office of National Insurance Co. Ltd., Divisional Office No.4, Chowk Kesar Ganj, Ludhiana. On 26.3.07, the CBI registered a case against him vide FIR No.CRRHG2007A006 dt.26.3.07. In this connection, he wanted the details of outgoing and incoming calls on 26.3.07 with exact time of calls on mobile Nos. i) 94174 97775 ii) 94174 74999 and iii) 94178 62625 for filing the same in the Hon'ble Court of Special Judge, CBI, Patiala. The CPIO replied on 13.11.07 stating that information sought is personal information of the Third party. Moreover, the applicant has not informed the relationship with the subscriber of the above mobile Nos. and therefore information sought is denied under Section 8(1)(j) of the RTI Act. The Appellant then filed another RTI application dt.29.5.08 with the CPIO, BSNL, New Delhi with a copy to BSNL, Chandigarh. He requested for the following information:

i) Upto which period the record of mobile phones were preserved

ii) Whether Call Detail Record as well as Tower Location Record for more than one year can be retrieved from the system? If yes, what is the criteria?

iii) Who is the competent officer to pass the orders to delete the record from the system

iv) How the record is deleted from the system.

v) Whether the deleted record can be retrieved from the system.

vi) Which IT company has prepared the software for BSNL.

vii) What is the name of IT in charge posted in BSNL Head office at New Delhi. What is his qualification

viii) What is the name of IT in charge posted in the office of CGM, BSNL, Chandigarh. What is his qualification

ix) Which officer is having key/access/password to the system to maintain the record for more than one year at Chandigarh The CPIO, BSNL, Chandigarh replied on 7.8.08 providing point wise information. The Appellate Authority replied on 17.11.08 stating that CPIO, BSNL, New Delhi has provided point wise information vide letter dt.14.7.08 while enclosing a copy of the CPIO's reply. The applicant then filed another RTI application dt.23.10.08 with TRAI requesting for the following information:

i) The instructions given by TRAI to BSNL Cellular Company upto which period they are supposed to store the data of CDRs in their system.

ii) Whether Call Detail Record as well as Tower Location Record for more than one year can be given to the subscriber of the mobile on his request.

iii) The Call Detail Record and Tower Location Record for more than one year is usually given to the police authorities. Which Police Officer can request the cellular company to supply the CDRs.

iv) Can the courts can summon the CDRs for more than one year

v) Whether the record for more than year is kept in a separate device by the cellular company

vi) Whether the instructions to store the CDR data are mentioned in the Licence Agreement or separate instructions have been issued by you to the BSNL Cellular company to keep the CDRs upto a certain period. A copy of the same may be provided.

The CPIO replied on 18.11.08 stating that no instructions have been issued by TRAI with regard to point (i) and with regard to points ii, iii, iv, v & vi, license agreement is available on DoT website. The applicant then filed a second appeal dt.6.12.08 before CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for February 20, 2009.

3. Mr. Joginder Singh, AGM(RTI), BSNL, Delhi and Mr. Anoop Prasad, AD(RTI), BSNL, Chandigarh represented the Public Authority.

4. The Applicant was present during the hearing. Decision

5. The Appellant's contention is that contradictory information has been provided to him in the order dt. 5.8.08 from Mr. A.K. Sharma, GM-cum-CPIO, Chandigarh and in the reply to the appellant from Mr. Suresh Kumar, Jt. DDG, BSNL, Main Office in Delhi regarding Call Detail Records. The Appellant drew the attention of the Commission towards the Licence Agreement of BSNL with the TRAI according to which, the licence shall be required to provide the call data records of all the specified calls handled by the system at specified periodicity , as and when required by the security agencies. It has also been mentioned in the said agreement theat commercial records with regard to the communication will be archived for at least one year. He also pointed out that as per the Data Warehouse System, "CDRs of Postpaid services are also stored in this system for applications other than billing. For example, Decision Support System(DSS), Fraud Management Service, Police verification are the few services, which may require CDR reference. The CDRs in the Data warehouse system can be directly handled for any such services, even in future, without disturbing the online activities in the B&CCS network." The Respondents submitted that the alleged contradiction can be explained on technical grounds. In the light of the aforementioned arguments, the Commission directs the CPIOs, Chandigarh & Delhi to provide clarification against each of the points in both the order and the letter mentioned above. The Commission also directs the CPIO to take recourse to Section 11(1) to invite the submissions of the subscribers to the 3 mobile numbers mentioned by the Appellant and keeping the submission in view, to take a decision about disclosure of information. All information to be provided within 15 days of the receipt of this Order.

6. The appeal is disposed off.

(Annapurna Dixit) Information Commissioner Authenticated true copy:

(K.G.Nair) Designated Officer Cc:

1. Mr.Amrit Lal Chawla 815/5 Housing Board Colony G.T.B.Nagar Jalandhar 144 003

2. The CPIO & General Manager (A) Bharat Sanchar Nigam Limited Punjab Telecom Circle Plot No.2, Sector-34 A Chandigarh

3. The CPIO & Jt.DDG (MIS-II) Bharat Sanchar Nigam Limited A-506, Statesman House B-148, Barakhambha Road New Delhi 110 001

4. The CPIO Telecom Regulatory Authority of India Mahanagar Doorsanchar Bhawan Jawaharlal Nehru Marg Old Minto Road New Delhi 110 002

5. Officer in charge, NIC

6. Press E Group, CIC