Right to Information Wiki

Encyclopedia on RTI for everyone
You will find the Guide to Online RTI.

User Tools

Site Tools

You are here: RTI Wiki » Common Terms » What is Information under RTI Act
explanations:information

Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revisionPrevious revision
explanations:information [2018/06/03 05:37] – [Authors] Shrawanexplanations:information [2023/04/15 10:57] (current) – Shrawan
Line 11: Line 11:
 – records, documents, memos, emails, opinions, advices, reports, samples, models - are **merely meant to illustrate** the broad scope. Clearly, file-noting is opinion and hence covered in the ambit of the Act. Legal or other opinions obtained by Public authority or various reports received by them are all covered. – records, documents, memos, emails, opinions, advices, reports, samples, models - are **merely meant to illustrate** the broad scope. Clearly, file-noting is opinion and hence covered in the ambit of the Act. Legal or other opinions obtained by Public authority or various reports received by them are all covered.
  
-<html> +
-<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> +
-<ins class="adsbygoogle" +
-     style="display:block; text-align:center;" +
-     data-ad-layout="in-article" +
-     data-ad-format="fluid" +
-     data-ad-client="ca-pub-3082882621726443" +
-     data-ad-slot="6177570391"></ins> +
-<script> +
-     (adsbygoogle = window.adsbygoogle || []).push({}); +
-</script> +
-</html>+
  
 Here, it suggests an important principle regarding private bodies. Information relating to any private body, which may not be covered by the definition of ‘Public Authority’ (given in Section 2 h), can be obtained through a public authority if the law allows  the public authority to access it.  Here, it suggests an important principle regarding private bodies. Information relating to any private body, which may not be covered by the definition of ‘Public Authority’ (given in Section 2 h), can be obtained through a public authority if the law allows  the public authority to access it. 
Line 30: Line 19:
 Thus, if any public authority has the right to ask for any information under the law from a private organization,  the citizen can seek the information from the public authority.  Thus, if any public authority has the right to ask for any information under the law from a private organization,  the citizen can seek the information from the public authority. 
  
-<html> +
-<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> +
-<ins class="adsbygoogle" +
-     style="display:block; text-align:center;" +
-     data-ad-layout="in-article" +
-     data-ad-format="fluid" +
-     data-ad-client="ca-pub-3082882621726443" +
-     data-ad-slot="6177570391"></ins> +
-<script> +
-     (adsbygoogle = window.adsbygoogle || []).push({}); +
-</script> +
-</html>+
 ===== Seeking Information from Private Organisation ===== ===== Seeking Information from Private Organisation =====
  
Line 54: Line 32:
 There is some ambiguity on the term  ‘accessed’.  It may mean any information which the authority can ask for under various provisions or the information which the authority is usually supposed to acquire under the law.  There  is an additional view at this juncture.((8 Mendel, Toby (personal communication, May 13, 2016) contends that it cannot extend to any information which an investigatory authority (e.g. the police) might in pursuance of an investigation ask for. And yet it must extend beyond information already held (or supposed to be held) by the public authority. It covers information which an authority may at any time (i.e. not just in special cases covered by an investigation) ask for from a private body. E.g. a broadcast regulator might have the power to ask a broadcaster for its ownership structure, not because it is investigating but just to check.)) There is some ambiguity on the term  ‘accessed’.  It may mean any information which the authority can ask for under various provisions or the information which the authority is usually supposed to acquire under the law.  There  is an additional view at this juncture.((8 Mendel, Toby (personal communication, May 13, 2016) contends that it cannot extend to any information which an investigatory authority (e.g. the police) might in pursuance of an investigation ask for. And yet it must extend beyond information already held (or supposed to be held) by the public authority. It covers information which an authority may at any time (i.e. not just in special cases covered by an investigation) ask for from a private body. E.g. a broadcast regulator might have the power to ask a broadcaster for its ownership structure, not because it is investigating but just to check.))
  
-<html> +
-<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> +
-<ins class="adsbygoogle" +
-     style="display:block; text-align:center;" +
-     data-ad-layout="in-article" +
-     data-ad-format="fluid" +
-     data-ad-client="ca-pub-3082882621726443" +
-     data-ad-slot="6177570391"></ins> +
-<script> +
-     (adsbygoogle = window.adsbygoogle || []).push({}); +
-</script> +
-</html>+
  
 As an example: The Labour office requires certain information to be submitted at certain intervals – this is ‘Information’ as defined by the Act, and hence can be accessed. However, the labour office during an inspection or investigation, can access virtually all the records of an organisation which otherwise would not be done. As an example: The Labour office requires certain information to be submitted at certain intervals – this is ‘Information’ as defined by the Act, and hence can be accessed. However, the labour office during an inspection or investigation, can access virtually all the records of an organisation which otherwise would not be done.
Line 73: Line 40:
 However, all information with the Public authority is certainly information covered by the Right to Information Act. The Public authority holds the information on behalf of citizens. Thus, once any information is with a Public authority, it is ‘information’ available to any citizen under the Right to Information Act (subject to the exemptions of Section 8 of the Act). **Repeatedly, the Act implicitly recognizes that the Government holds all information on behalf of the citizen.** However, all information with the Public authority is certainly information covered by the Right to Information Act. The Public authority holds the information on behalf of citizens. Thus, once any information is with a Public authority, it is ‘information’ available to any citizen under the Right to Information Act (subject to the exemptions of Section 8 of the Act). **Repeatedly, the Act implicitly recognizes that the Government holds all information on behalf of the citizen.**
  
-<html> +
-<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> +
-<ins class="adsbygoogle" +
-     style="display:block; text-align:center;" +
-     data-ad-layout="in-article" +
-     data-ad-format="fluid" +
-     data-ad-client="ca-pub-3082882621726443" +
-     data-ad-slot="6177570391"></ins> +
-<script> +
-     (adsbygoogle = window.adsbygoogle || []).push({}); +
-</script> +
-</html>+
  
 Often, some Right to Information Act users expect an explanation or answer even if there is nothing on records available. This cannot be tenable. **RTI is not Right to  Interrogat**. The information has to exist in the material form.  Often, some Right to Information Act users expect an explanation or answer even if there is nothing on records available. This cannot be tenable. **RTI is not Right to  Interrogat**. The information has to exist in the material form. 
Line 90: Line 46:
 Often officials refuse to give information when a Right to Information request is framed as a question. This position has no basis in the law. Often officials refuse to give information when a Right to Information request is framed as a question. This position has no basis in the law.
  
-As an example, if an applicant asks: “What is the name of the Head of the Department?” or “What is the expenditure incurred on medical expenses in 2014 by the Organisation?” This is information available on record. However, if an applicant asks: “Why has the Municipal Corporation not repaired and maintained all roads?” or “What is the meaning of a certain  rule?”  or  “Why was the judgment not  given  in  my  favour”  etc.,  it  must be noted whether such information exists on record.  If it exists on the records it should be provided and if not, then the answer provided should be “There is no record of this”.+As an example, if an applicant asks: “What is the name of the Head of the Department?” or “What is the expenditure incurred on medical expenses in 2014 by the Organisation?” This is information available on record. However, if an applicant asks: “Why has the Municipal Corporation not repaired and maintained all roads?” or “What is the meaning of a certain rule?”  or  “Why was the judgment not given in  my favour”  etc.,  it must be noted whether such information exists on record.  If it exists on the records it should be provided and if not, then the answer provided should be “There is no record of this”. 
  
-<html> 
-<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> 
-<ins class="adsbygoogle" 
-     style="display:block; text-align:center;" 
-     data-ad-layout="in-article" 
-     data-ad-format="fluid" 
-     data-ad-client="ca-pub-3082882621726443" 
-     data-ad-slot="6177570391"></ins> 
-<script> 
-     (adsbygoogle = window.adsbygoogle || []).push({}); 
-</script> 
-</html> 
 ===== Credits: ===== ===== Credits: =====
  
Line 110: Line 55:
 {{indexmenu>:explanations#1}} {{indexmenu>:explanations#1}}
  
-<html> 
-<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> 
-<ins class="adsbygoogle" 
-     style="display:block" 
-     data-ad-format="fluid" 
-     data-ad-layout-key="-gu-18+5g-2f-83" 
-     data-ad-client="ca-pub-3082882621726443" 
-     data-ad-slot="4321988277"></ins> 
-<script> 
-     (adsbygoogle = window.adsbygoogle || []).push({}); 
-</script> 
-</html> 
  
 [<>] [<>]
  
 ~~socialite~~ ~~socialite~~
explanations/information.txt · Last modified: 2023/04/15 10:57 by Shrawan