explanations:grounds-for-rejection
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explanations:grounds-for-rejection [2018/06/04 14:39] – Shrawan | explanations:grounds-for-rejection [2018/06/05 01:21] – [Denial of Information under Section 8] Shrawan | ||
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====== Grounds for Rejection ====== | ====== Grounds for Rejection ====== | ||
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It must be clearly understood that giving information to the citizens must be the rule; and denying it an exception. The constitutional basis for this is that Right to Information has been considered to be inherent to Article 19(1)(a). Hence, the denial also has to be as per the limits laid down by Article 19(2) which states:” (2) nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent | It must be clearly understood that giving information to the citizens must be the rule; and denying it an exception. The constitutional basis for this is that Right to Information has been considered to be inherent to Article 19(1)(a). Hence, the denial also has to be as per the limits laid down by Article 19(2) which states:” (2) nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent | ||
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Section 7(9) cannot be a ground for denial of information, | Section 7(9) cannot be a ground for denial of information, | ||
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This will primarily apply where there is a legal stipulation to present some information like a report to Parliament or the Legislature. This provision will also apply when a specific order has been given by the Legislature to avoid disclosing some information in public domain or to prohibit some proceedings of the Parliament or Legislature from being made public. | This will primarily apply where there is a legal stipulation to present some information like a report to Parliament or the Legislature. This provision will also apply when a specific order has been given by the Legislature to avoid disclosing some information in public domain or to prohibit some proceedings of the Parliament or Legislature from being made public. | ||
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To qualify for this exemption, it must be established that it is ‘commercial confidence, | To qualify for this exemption, it must be established that it is ‘commercial confidence, | ||
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The fiduciary relationship is defined as “a relationship in which one person is under a duty to act for the benefit of the other on the matters within the scope of the relationship.” “Fiduciary relationship usually arises in one of the four situations: (1) when one person places trust in the faithful integrity of another, who as a result gains superiority or influence over the first, (2) when one person assumes control and responsibility over another, (3) when one person has a duty to act or give advice | The fiduciary relationship is defined as “a relationship in which one person is under a duty to act for the benefit of the other on the matters within the scope of the relationship.” “Fiduciary relationship usually arises in one of the four situations: (1) when one person places trust in the faithful integrity of another, who as a result gains superiority or influence over the first, (2) when one person assumes control and responsibility over another, (3) when one person has a duty to act or give advice | ||
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It is likely that this provision could be used to refuse most information provided by a foreign Government unless it has been released in the Public domain. Effectively, | It is likely that this provision could be used to refuse most information provided by a foreign Government unless it has been released in the Public domain. Effectively, | ||
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Under this provision, information can be denied if one of the following conditions is satisfied: | Under this provision, information can be denied if one of the following conditions is satisfied: | ||
- The investigation is not complete, and it can be shown that releasing the information could impede the process of investigation. This provision does not say that when an investigation is ongoing, information regarding it should not be provided. Hence, the PIO must consider whether there is a reasonable probability of the investigation being impeded if the information is provided. | - The investigation is not complete, and it can be shown that releasing the information could impede the process of investigation. This provision does not say that when an investigation is ongoing, information regarding it should not be provided. Hence, the PIO must consider whether there is a reasonable probability of the investigation being impeded if the information is provided. | ||
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This provision is often misunderstood as being a complete bar on providing information under Right to Information about cabinet papers and the cabinet deliberations. Once a decision is taken and the matter is complete or over, it places an obligation on the government to make public the material on the basis of which the decision has been taken. This means that the government must make the basis of taking the decisions public on its own. For example, once a bill is presented in Parliament or Legislature, | This provision is often misunderstood as being a complete bar on providing information under Right to Information about cabinet papers and the cabinet deliberations. Once a decision is taken and the matter is complete or over, it places an obligation on the government to make public the material on the basis of which the decision has been taken. This means that the government must make the basis of taking the decisions public on its own. For example, once a bill is presented in Parliament or Legislature, | ||
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To qualify for this exemption, it must be personal information. In common language, we would ascribe the adjective ' | To qualify for this exemption, it must be personal information. In common language, we would ascribe the adjective ' | ||
(j) of the RTI Act cannot be applied when the information concerns institutions, | (j) of the RTI Act cannot be applied when the information concerns institutions, | ||
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Applying for a job, ration card or passport are examples of public activity. However, there may be some personal information which may be with public authorities which is not a consequence of a public activity, eg. Medical records, or transactions with a public sector bank. Similarly, a public authority may come into possession of some information during a raid or seizure which may have no relationship to any public activity. | Applying for a job, ration card or passport are examples of public activity. However, there may be some personal information which may be with public authorities which is not a consequence of a public activity, eg. Medical records, or transactions with a public sector bank. Similarly, a public authority may come into possession of some information during a raid or seizure which may have no relationship to any public activity. | ||
- | Even if the information has arisen by a public activity, | + | Even if the information has arisen by a public activity, |
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+ | Privacy is to do with matters within a home, a person’s body, sexual preferences etc. This is in line with Article 19 (2) which mentions | ||
(1) (a) in the interest of ‘decency or morality’. | (1) (a) in the interest of ‘decency or morality’. |
explanations/grounds-for-rejection.txt · Last modified: 2023/04/15 10:56 by Shrawan