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explanations:third-party

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explanations:third-party [2015/07/16 01:33] – Shrawanexplanations:third-party [2015/07/23 02:18] – Shrawan
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 ====== Third Party under RTI ====== ====== Third Party under RTI ======
  
-The High Court of Delhi in **//Suhas Chakma v. CIC & Ors. W. P. (C) No. 9118/2009 dated 22/01/2010//** held - “**that information which involves the rights of privacy of a third party in terms of Section 8(1)(j) RTI Act cannot be ordered to be disclosed without notice to such third party. The authority cannot simply come to conclusion, that too, on a concession or on the agreement of parties before it, that public interest overrides the privacy rights of such third party without notice to and hearing such third party**”.+The High Court of Delhi((Delhi High Court Decision: Suhas Chakma v. CIC & Ors. W. P. (C) No. 9118/2009 dated 22/01/2010)) held - “**that information which involves the rights of privacy of a third party in terms of Section 8(1)(j) RTI Act cannot be ordered to be disclosed without notice to such third party. The authority cannot simply come to conclusion, that too, on a concession or on the agreement of parties before it, that public interest overrides the privacy rights of such third party without notice to and hearing such third party**”.
  
  
-Section 11(1) of the [[downloads:rti-act|RTI Act]] provides as follows:+Section 11(1) of the [[downloads:act:online]] provides as follows:
  
 //“11. **Third party information**- (1) Where a Central Public Information Officer or the State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: //“11. **Third party information**- (1) Where a Central Public Information Officer or the State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:
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 Under this Act, **providing information is the rule and denial an exception**. Any attempt to constrict or deny information to the Sovereign Citizen of India without the explicit sanction of the law will be going against the rule of law. The Citizen needs to give no reasons nor are his credentials to be checked for giving the information. If the third party objects to giving the information, the Public Information Officer must take his objections and see if any of the exemption clauses of Section 8 (1) apply. If any of the exemption clauses apply, the PIO is then obliged to see if there is a larger Public interest in disclosure. If none of the exemption clauses apply, information has to be given. Under this Act, **providing information is the rule and denial an exception**. Any attempt to constrict or deny information to the Sovereign Citizen of India without the explicit sanction of the law will be going against the rule of law. The Citizen needs to give no reasons nor are his credentials to be checked for giving the information. If the third party objects to giving the information, the Public Information Officer must take his objections and see if any of the exemption clauses of Section 8 (1) apply. If any of the exemption clauses apply, the PIO is then obliged to see if there is a larger Public interest in disclosure. If none of the exemption clauses apply, information has to be given.
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-<WRAP left round tip 90%> 
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   - {{:explanations:sg-27022009-11.pdf|Mahesh Kumar Sharma v. PIO, Delhi Jal Board Decision}} File No: No. CIC /A T/A/2008/01262//SG/2109   - {{:explanations:sg-27022009-11.pdf|Mahesh Kumar Sharma v. PIO, Delhi Jal Board Decision}} File No: No. CIC /A T/A/2008/01262//SG/2109
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explanations/third-party.txt · Last modified: 2023/04/15 11:08 by Shrawan