AIM AND OBJECTIVE OF THE PROJECT

Through this project , I will try to achieve the objective to understand the medical ethics

with respect to RTI in India. The new efforts of government will have to face and fight

the different state’s Acts on Medical Ethics and the RTI inclusion in India. The project

would only include analysis of Medical Ethics and would discuss the problem and new

efforts being made by the government with respect to the RTI .

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 INDEX

 Introduction

 The provisions of the Right to Information Act

 Public interest

 Should the RTI Act be used to get personal information about persons

who are not public/ government employees?

 Exemption from disclosure

 Denial under good faith

 Severing the part of information

 Notice to third part

 Changes necessary in the Act

 Does the decision deviate from the objectives of the Act?

 Fiduciary relationship

 Conclusion

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 INTRODUCTION

The present study was designed in sight of the Medical Ethics within the medical

fraternity. it's necessary to write registration number issued by Medical Council of

Republic of India State Medical Council according the Indian Medical Council Act

together with medicine Act. Be that because it might, as uncovered the restorative

society has absence of knowledge regarding the equivalent.

Individual board which likewise gives certain rights & duties to the specialist.

According to Indian Medical Council Act 2002, a specialist will make reference to his

registration number on every one of the archives he/she issues viz remedy paper,

receipts, charges, Medical authentications and so forth. Likewise, according to the

Drugs Act 1945, it is required by anybody to compose the registration number who is

recommending the medications. This practice of writing registration number in high

most Medical establishment of the country thus a trial was done to bring a

modification in the current practice of writing registration number on the documents

1
issued by doctors so Medical Ethics is properly practices.

Enlistment to the Medical Council is essential before rehearsing the Noble calling

nearly all through the world. In India, a restorative alumni needs to enroll either with

State medicinal committee or Medical board of India before beginning practice. On

enlistment, a number is issued to the enrolled specialist.2

1
https://www.researchgate.net/publication/268332915_Use_of_RTI_Act_2005_in_relation_to_medical_et
hics
2
20of%20RTI%20in%20Health%20by%20Mayank.pdf
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 By and by, it is seen that numerous specialists are ignorant of these guidelines. The

present examination was done in perspective on composing Registration number by the

specialists exploiting Right to Information Act, 2005..

In this try, the advantage of Right to info Act, 2005 was taken thus that the right

action is taken in light-weight of appropripriate laws.

Medical ethics attaches the utmost priority to the confidentiality of medical records.

Hence, the choice of the Chief information Commissioner (CIC) rendered on April ten,

2015 in

Case No: CIC/KY/A/2014/001348SA Ms Jyoti Jeena v. PIO, Institute of Human

Behaviour & Allied Science (hereinafter cited as Jyoti Jeena) 3

(1), that the wife-applicant is entitled to induce copies of the medical records of her

alienated husband has raised several eyebrows.

What is the impact of the decision? will it sufficiently balance public interest, wanted to

be preserved underneath the proper to info (RTI) Act

(2), with the necessity to take care of confidentiality,

which is of the utmost importance in keeping with medical ethics? is that the CIC

opening a Pandora’s Box and throwing old and precious moral principles to the wind?

What if an individual asks for info with the intention of exposing the HIV-positive

standing of his/her hostile neighbour? is that the consent of the affected party not

needed to unharness such personal and sensitive information? will this not violate the

constitutional rights of the person (the husband within the case underneath

3
https://ijme.in/articles/rti-v-medical-ethics-some-questions-arising-from-the-recent-decision-of-the-
chief-information-commissioner-under-the-rti-act/?galley=html
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consideration) and also the law of the land? Is it legal to impart such information while

not the consent of the patient concerned? Would the doctor be violating the Hippocratic

oath and medical ethics in revealing information regarding his/her patient to the general

public info Officer (PIO)? The queries which will be expose are varied.

THE PROVISIONS OF the proper TO information ACT

Concept of Right To info Right to information is associate degree act to supply for

kicking off the sensible regiem of right to information for voters to secure access to

information underneath the management of public authorities, so as to push

transparency and answerableness within the operating of each public authority. The

participants in a very democratic system have a right to grasp what, however and why of

any decision is created or modification by the government and its functioning. This right

is inherent in voters by virtue of their owning the system. Therefore, citizen’s right to

information follows, as a natural corollary in a very democracy and any try and wide

information or to make opacity cannot augur well for its health.

Some aware citizens and civil society organization have perpetually raised the demand

for a good provision for the proper to info. abode on the relation of Constitutional right

to freedom of expression and also the right to life, numerous judicial pronouncements

supported its legal justification. it's expedient to supply for furnishing sure information

to national World Health Organization needs to heave it. during a government wherever

all the agencies of the general public should be chargeable for their conduct, there

cannot however few secrets. The individuals have a right to understand each public act,

everything that's drained a public approach, by their public functionaries. The

responsibility of officers is to clarify to not justify, their acts is that the chief safeguard

against oppression and corruption. therefore the Right to info (RTI) Act 2005 is wide
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 seen as a watershed development in Indian democracy. It provides citizens the proper to

secure access to info eight underneath the management of public authorities so as to

push transparency and answerableness. It's typically control to be a good tool to manage

corruption, create government responsible, and curb the discretional use of power. The

question here is whether or not it is wont to justify the breach of a patient’s or analysis

subject’s confidentiality.

Attempt to approach the judgment from a strictly legal perspective and within the light-

weight of earlier judicial pronouncements. First, allow us to take into account the

relevant provisions of the RTI Act. The Act overrides even the Official Secrets Act and

is unquestionably meant to supply the subject with info offered with public authorities.

associate exception has been created solely with relevance the things per Section 8 of

the Act. Medical records, as such, don't notice an area in Section 8, though' they seem to

be enclosed within the following things coated in the Section:4

i. 8(e). data offered to an individual in his fiduciary relationship, unless the competent

authority is happy that the larger public interest warrants the revelation of such

information;5

ii. 8(g). info, the revelation of which might endanger the life or physical safety of any

person…;6

iii. 8(j). info that relates to private information, the revelation of that has no relationship

to any public activity or interest, or which might cause unwarranted invasion of the

privacy of the individual, unless the Central Public info Officer or the State Public info

4
https://old.mciindia.org/Acts/RTI/Notification_RegulationOfFeeAndCost_17may2006.pdf
5
https://old.mciindia.org/Acts/RTI/Notification_RegulationOfFeeAndCost_17may2006.pdf
6
https://old.mciindia.org/Acts/RTI/Notification_RegulationOfFeeAndCost_17may2006.pdf
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 Officer or the appellant Authority, because the case could also be, is happy that the

larger public interest justifies the revelation of such info.7

S.11 (1) of the Act ensures compliance with the principles of natural justice by

stipulating that “Where a Central Public info Officer or a State Public info Officer,

because the case could also be, intends to disclose any info or record, or half therefrom

on an invitation created underneath this Act, that relates to or has been provided by a

3rd party and has been treated as confidential by that third party, he, shall, among 5

days from the receipt of the request, provides a written notice to such third party of the

request and of the very fact that he intends to disclose the knowledge or record, or half

therefrom, and invite the third party to form a submission whether or not the knowledge

ought to be disclosed, and ta 8ke into account the identical whereas taking the choice on

the question of revelation.”

It is additionally provided within the same section that except in the case of trade or

business secrets protected by the law, revelation could also be allowed if public interest

outweighs in importance any potential damage or injury to the interests of such third

party by the disclosure.

S. 2(n) of the Act defines “third party” as an individual aside from the subject creating

an invitation for info and includes a public authority. 9

As regards a married woman UN agency seeks information, the husband, whether or not

unloved or not, in respect of whom information is wanted is thus beyond any doubt a

3rd party. however what regarding public interest?

PUBLIC INTEREST

7
https://old.mciindia.org/Acts/RTI/Notification_RegulationOfFeeAndCost_17may2006.pdf
8
https://www.ncbi.nlm.nih.gov/pubmed/26228049
9
https://old.mciindia.org/Acts/RTI/Notification_RegulationOfFeeAndCost_17may2006.pdf
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The term “public interest” isn't outlined within the Act. Therefore, the PIOs, appellant

Authorities and knowledge Commissioners can have to decide every case on benefit and

within the light-weight of any rising steering or best observe offered at the time. For,

what's public interest will essentially modification over time and it'll additionally

depend upon the circumstances of every case. during this affiliation, reference could

also be created to the Supreme Court (SC) call in Girish Ramchandra Deshpande v.

Central info Commissioner et al. reported in (2013) 1 SCC 212 .

In that case, the CIC had denied info per the service career and assets of the third party

on the bottom that the info wanted was personal information, as outlined in clause (j) of

Section 8(1) of the RTI Act. In its judgment, the SC confirmed that the knowledge

wanted was personal which no public interest was concerned, therefore the rejection of

the applying was even.

The expression “public interest” has neither an explicit definition nor a rigid which

means. it's going to be argued that the term “public interest” denotes associate degree

interest that serves an outsized section of society as against atiny low section. Also, the

knowledge wanted within the public interest ought to have an impression on common

queries connected the economy of the country; the ethical values of society; the

environment; national safety, and therefore the like. If we have a tendency to pass the

final which means as utilized in common formulation, public interest is interest within

the welfare of the overall public (in distinction to the self-loving interest of an

individual, group, or firm), and interest during which the entire society contains a stake

and which warrants recognition, promotion and protection by the government and its

agencies. That the institution of wedding ought to survive is actually a matter of public

interest and thus, the interests of the weaker gender, additional exactly, of a married

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woman within the matter of access to justice once baby-faced with married discord, may

also be taken to be a matter of public interest.

In the absence of an exact definition within the Act, solely the CIC and therefore the

courts examining the behaviour of the choice of the CIC will decide whether or not,

during a given state of affairs, personal data ought to be disclosed within the larger

public interest. All which will be aforesaid is that the PIO should balance the

competitive claims of the privacy of the third party on the one hand, and therefore the

claim of public interest on the other; and so verify whether or not public interest

outweighs the violation of a person’s privacy.

In the decision beneath scrutiny, the appellant, through her RTI application, had sought-

after copies of all papers, documents, records, old papers, history records, etc,

obtainable with the Institute of Human Behaviour and Allied Science in respect to her

husband, Sanjay Singh. The PIO had rejected the request on the bottom that

psychiatrical (medical) data associated with another person was exempt beneath section

8(1)(e). once the choice was challenged, the primary legal proceeding authority took a

contrary read and directed the PIO to furnish the knowledge. In compliance with this

order, the PIO provided some data (vide letter dated October 31, 2014). disgruntled with

the standard of knowledge appointed, the appellant approached the CIC during a second

appeal. The CIC noted that the mate was seeking data regarding the medical records to

support her case before the married court that her husband had tortured her physically

thanks to his mental disease. He conjointly noted that the appellant and her brother had

alleged that her husband and his relatives had suppressed the reality regarding his

mental state to cheat her into wedding, that proven hellish for her thenceforth.

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 In Para seven of the order, the CIC has noted the choice in Mr Surupsingh Hrya Naik

v. State of Maharashtra (AIR 2007 Bom 121) 10 however not mentioned the dictum in

this or whether or not he was following the choice. In fact, therein case, a national had

sought-after data on the facilities that had been created obtainable to an MLA jailed for

contempt of court; and specifically, whether or not the unfortunate person had been

given cool accommodation. The high court, once examining all the points raised by the

rival parties with respect to previous choices of the courts as conjointly the provisions of

the Medical Council of Asian nation Act (MCI), had found the subsequent.

i. it's within the competency of the involved Public data Officer to disclose such

information within the larger public interest.

ii. The provisions of the Act would prevail over the MCI rules concerning privacy

which the general public data Officer will disclose even medical information, if glad

that the larger public interest justifies such revealing. This discretion, however, should

be exercised by him, bearing in mind the facts of every case and therefore the larger

public interest; provided the records are maintained by the State, a Public Authority or a

Public Body. it's solely in rare and in exceptional cases and for good and valid reasons

recorded in writing will the knowledge be denied. In different words, grant is that the

rule and denial is the exception to be even by reasons recorded by PIO.

iii. the correct of hearing to run to the third party isn't an empty formality. The Court

conjointly mentioned in specific terms that beneath Section 19(4) of the Act, the

knowledge couldn't run while not giving an inexpensive chance of being detected to the

third party, which the failure to grant the chance can not be cured by the legal

proceeding authority by grant of such a chance before passing of the appellate order.

10
https://www.ncbi.nlm.nih.gov/pubmed/26228049
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Since the chance wasn't given in that case, the high court remanded the relate the PIO,

directive it to pass recent orders once hearing the third party. What emerges from this

call is that it's a compulsory duty of the PIO to grant a chance of being detected to the

affected third party. One factor has got to be processed straightaway: what's needed is a

chance to be detected and not his consent. no matter whether or not the third party

grants his consent, the PIO might arrange to build the record available; however solely

once affording a chance to the third party to indicate cause against such a call.

In the case into consideration, no such chance seems to own been given and thereto

extent the order is aforesaid to be defective. If taken to court, it's nearly sure, therefore,

that the order would be put aside thanks to this defect. however that's another matter.

SHOULD THE RTI ACT BE wont to GET PERSONAL data regarding

PERSONS World Health Organization don't seem to be PUBLIC/

GOVERNMENT EMPLOYEES?

The additional vital question here is whether or not the order is imperfect on account of

violating the statutory provisions. consistent with Pine Tree State, it is not. The order

might not be condemned on the bottom that being wind, the contents of medical records

can not be disclosed. The larger public interest concerned is that the have to give justice

to the weaker gender and therefore the need to advance the explanation for justice

within the matter of a judicial proceeding. Suppose the applier had moved the married

court to issue summons for the production of the medical records? that will need to be

allowed subject to the examination of confidentiality; however such examination would

be distributed solely once the records reached the court during a sealed cowl. consistent

with Pine Tree State, the question into consideration isn't whether or not the liberal

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 provisions of the RTI Act are being exploited to grab some records.11 The question is

whether or not the grant of data to a mate beneath such circumstances would come back

among the view of public interest. This question seems to not are treated in any previous

case and intrinsically it'd attract examination by the court if it reached the court by the

motion of some party. The which means given to the term “public interest” by the

Supreme Court whereas considering the justification for maintaining a public interest

judicial proceeding before constitutional courts might not justly apply to the question of

whether or not an application beneath the RTI Act is publicly interest or not. The

context and purpose are completely different. till a call explaining the scope of the term

comes from the SC or one among the High Courts, the current finding of the CIC will

definitely stand.

A critic could raise the question on whether or not the scope of the current call is also

extended to hide a unknown or neighbour seeking the medical records of a personal. My

answer is that such a prospect can not be excluded. someone might want to start out

anti-rabies treatment once ascertaining whether or not his/her neighbour is full of rabies.

Another might want to initiate preventive and curative action upon learning that his/her

neighbour is full of Ebola. Are these not matters of public interest? whether or not the

grant of data would be even in such cases would, therefore, rely upon the facts and

circumstances.

It may be contended that the applier may have moved the court for summons to provide

the medical papers of the husband, during which case solely the decide and therefore the

parties involved would have access to the confidential records. Of course, that would

are one possibility, however will it preclude the choice remedy beneath the RTI Act?

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 the solution is not any, although plenty of circumspection and careful assessment of the

comparative deserves and consequences would be necessary in such cases. it's for this

reason that we have a tendency to need qualified persons to handle such matters and

can't leave it to a pc.

CHANGES NECESSARY within the ACT

In the context of medical ethics, this call, certainly, may be a model. to produce bigger

holiness to maintaining the confidentiality of private information, it's going to be smart

to own additional restrictions introduced through legislative intervention. this could be

done through the introduction of provisions guaranteeing the upkeep of confidentially or

by process and proscribing “public interest”.12

DOES the choice DEVIATE FROM THE OBJECTIVES OF THE ACT?

Should the RTI Act be used for things apart from its professed aims and objectives? The

enactment was planned as a results of a movement best delineate by the locution “Mera

subunit, mera hisab” (My cash, my accounts). The argument was that since all

government records are maintained at the value of the tax money handler, the tax

remunerator, because the owner, contains a right to access the records. The Act was

supposed to produce voters with the correct to “to secure access to data beneath the

management of public authorities, so as to push transparency and responsibleness within

the operating of each public authority”. That even non-public data is divulged to an

applier if it's within the hands of the general public authority is evident from S.8(j) and

therefore the call of the Mumbai high court in Mr Surupsingh Hrya Naik v State of

Maharashtra (AIR 2007 Bom 121) , cited earlier. till the SC enters a finding to the

12
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chief-information-commissioner-under-the-rti-act/?galley=html
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 contrary, the dictum holds smart. on the question of whether or not this right might be

put-upon, taking the order beneath review as a precedent, the solution is that it might be

to some extent, nevertheless the very fact that safeguards are already incorporated

within the Act. However, this relies on the care with that the Act is applied.

FIDUCIARY RELATIONSHIP

In Central Board of secondary education v. Aditya Bandopadhyay, (2011 AIR

SCW 4888) the apex court touched upon the question of what specifically distinguishes

a fiduciary relationship from a confidential relationship. Applying the tests in this, there

is little doubt that the records possessed by the general public authority within the Jyoti

Jeena case were control during a fiduciary relationship. However, S.8 (e) of the Act

permits the revealing of even such data, if it's within the larger public interest. that the

question primarily is whether or not such larger public interest existed. consistent with

the CIC, it did. The words of caution measured by the SC within the case cited higher

than that “indiscriminate and impractical demands or directions beneath the RTI Act for

revealing of all and varied data (unrelated to transparency and responsibleness in the

functioning of public authorities and wipeout of corruption) would be counter-

productive because it can adversely have an effect on the efficiency of administration

and lead to the manager obtaining stalled with non-productive work of assembling and

furnishing information” should be remembered whereas confiscating such petitions.13

In my view, the real failure of the order was the denial of chance to the third party (the

husband) and not that it directed that the medical records of the unloved husband be

created obtainable to the mate. we've to attend for a court finding on the matter,

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however that will not come back unless the third party challenges the order before a

constitutional court. Legislative changes would even be welcome.

CONCLUSION

Study takes the advantage of Right to information Act, 2005 within the field of

Medical Ethics in providing correct Health care to the patients. Doctors shouldn't

solely know about the medical data, Medical Ethics is conjointly vital. the foremost

prestigious medical institute of the country ought to abide by all the rules &

regulation set down in Indian Medical Council Act, moreover, it is important to

follow the Medical Ethics that is 1st & foremost

before treating a patient.

BIBLIOGRAPHY

 https://ijme.in/articles/rti-v-medical-ethics-some-questions-arising-from-the-

recent-decision-of-the-chief-information-commissioner-under-the-rti-act/?galley=html

 https://www.thehansindia.com/posts/index/Opinion/2018-05-15/Private-hospitals-

come-under-RTI-/381362

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 https://old.mciindia.org/Acts/RTI/Notification_RegulationOfFeeAndCost_17may

2006.pdf

 http://medind.nic.in/jal/t09/i1/jalt09i1p4.pdf

 http://medind.nic.in/jal/t14/i4/jalt14i4p379.pdf

 https://www.thehansindia.com/posts/index/Editors-Desk/2018-05-15/Private-

hospitals-come-under-RTI/381362

 https://cic.gov.in/sites/default/files/Role of RTI in Health by Mayank.pdf

 https://ijme.in/articles/rti-v-medical-ethics-some-questions-arising-from-the-

recent-decision-of-the-chief-information-commissioner-under-the-rti-act/?galley=html

 etc.

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