दूरसंचार विभाग
I am holding BSNL Mobile Number in my Name. I have filed an RTI application seeking CDR of my mobile number in LEA format for the period from 12.5.2017 to 16.5.2017 with BSNL. The PIO has refused to provide the CDR in LEA format stating that the call details in LEA format will be supplied only to Nodal LEAs.
Aggrieved by the order of the PIO, I preferred an Appeal to the Appellate Authority clearly bringing the provisions of the RTI Act 2005. However the Appellate Authority also refused to provide the CDR stating -(the PIOs reply is in order. Further it is reiterated that as per the guidelines of LI SOP Issue 2.0 (Lawful Interception - Standard of Procedure) issued by DOT, New Delhi, dated 24.12.2014, the supply of information in LEA format cannot be shared to an individual and will be provided only if the request is received from authorised Nodal Officer from LEAs to Telecom Service Providers in Annexure IX format provided in LI SOP issue 2.0. Accordingly the 1st Appeal under RTI Act 2005 stands disposed of.)
Simple reading of the order of the PIO and Appellate Authority denying information sought, exhibits lack of understanding of the RTI Act 2005 and DoT Order cited by them. As per my information, the DoT order refers to handling or providing access to information of a customer to a third party Viz., LEAs and it does not deals or bars providing information to the customer himself when it is sought for by the customer directly or under RTI Act 2005.
The BSNL authorities are trying to take shelter under the DoT order - LI SOP Issue 2.0 (Lawful Interception - Standard of Procedure) issued by DOT, New Delhi, dated 24.12.2014 to deny information to the applicant under RTI Act 2005. The information sought by the applicant is not a third party information. He is asking his own information available with the TSP- BSNL.
In this regard it is request to inform whether the DoT Order - LI SOP Issue 2.0 (Lawful Interception - Standard of Procedure) issued by DOT, New Delhi, dated 24.12.2014 bars BSNL from providing customer CDR information maintained in LEA format by BSNL to Customer himself under RTI Act 2005 when it is sought for by the Customer himself.