Property returns and RTI disclosure: annual employee declarations were treated as public information, but only records actually held had to be supplied.

Annual property returns of government employees were treated as disclosable public information, as disclosure was seen to advance accountability and assist detection of unexplained assets; the privacy exemption under Section 8(1)(j) was not accepted for the returns available with the public authority. However, copies of Group 'C' employees' property returns were not directed to be supplied because the applicable conduct rules required returns only from Group 'A' and Group 'B' employees and the requested records were not shown to be on file. Disclosure was therefore allowed only to the extent of records actually held.

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Issues: (i) Whether annual property returns filed by government employees were exempt from disclosure under Section 8(1)(j) of the Right to Information Act. (ii) Whether copies of property returns of Group 'C' employees could be supplied when such returns were not shown to be on record and were stated not to be required under the applicable conduct rules.

Issue (i): Whether annual property returns filed by government employees were exempt from disclosure under Section 8(1)(j) of the Right to Information Act.

Analysis: The information sought related to annual property returns of government employees. The Commission treated such returns as information in the public domain and held that their disclosure could serve public accountability and help detect unexplained assets. On that view, the privacy exemption under Section 8(1)(j) was not accepted as a bar to disclosure for the returns that were available with the public authority.

Conclusion: The information was held disclosable and the request was allowed to that extent.

Issue (ii): Whether copies of property returns of Group 'C' employees could be supplied when such returns were not shown to be on record and were stated not to be required under the applicable conduct rules.

Analysis: The Commission accepted the respondent's position that the relevant conduct rules required annual returns from employees in Group 'A' and Group 'B', and that the requested Group 'C' returns were not available on record. Since the documents were not available with the authority, there was no basis for directing their supply.

Conclusion: The request for Group 'C' employees' property returns was rejected.

Final Conclusion: Disclosure was directed for the available property returns, but no direction was issued for records not held by the public authority.

Ratio Decidendi: Information contained in annual property returns of government employees may be treated as disclosable public information where no valid exemption applies, but a public authority cannot be compelled to furnish records that are not required to be maintained or are not available on its record.

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