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explanations:third-party

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explanations:third-party [2015/07/28 01:52] – Shrawanexplanations:third-party [2023/04/15 11:08] (current) – Shrawan
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 ====== Third Party under RTI ====== ====== Third Party under RTI ======
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 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**”. 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**”.
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 Section 11(1) of the [[act:]] provides as follows: Section 11(1) of the [[act:]] provides as follows:
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 Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.”// Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.”//
 +====== How to interpret Third Party Clause ======
  
 +When the PIO puts in motion the third party reference, he is of a view that the information is not exempt, and is giving the chance to the third party to voice any objections which could be based on the exemptions under the Act. Only if  the  third  party’s objection is in line with one of the exemptions under  Section 8 (1) or Section 9, the PIO will again examine the issue.   If he is convinced that an exemption applies,  he must change his earlier position to disclose. It must be stressed that the issue of a larger public interest needs to be invoked only if the exemption is established. Otherwise, no public interest in disclosure needs to be established. It is also evident that if there is no response from the third party, the information has to be disclosed since the PIO has come to the conclusion that the information is not exempt.
  
 Hon’ble **//High Court of Gujarat in the Special Civil Application nos. 16073 & 17067 of 2007 decided on 16/8/2007 (2008(2) RTI 461)//** Paragraph 16 & 17: Hon’ble **//High Court of Gujarat in the Special Civil Application nos. 16073 & 17067 of 2007 decided on 16/8/2007 (2008(2) RTI 461)//** Paragraph 16 & 17:
  
 “......looking to the provision of Section 11(1) of the Act, 2005, the words, the information ‘relating to or is supplied by the third party’ are such that it is for the third party to point out to the Public Information Officer sought for, to be disclosed supplied is treated as confidential but, third party can make a submission that now it is treating the said information as confidential. More so, when information is ‘relating to third party’ it may not be even know to that third party when and what information relating to third party, was collected by public body.................... What is confidential to the third party is known to the third party alone. There may not be a rubber stamp upon the information that this is confidential information. It is right vested in the third party to treat any information ‘relating to or supplied by the third party’ as confidential.” “......looking to the provision of Section 11(1) of the Act, 2005, the words, the information ‘relating to or is supplied by the third party’ are such that it is for the third party to point out to the Public Information Officer sought for, to be disclosed supplied is treated as confidential but, third party can make a submission that now it is treating the said information as confidential. More so, when information is ‘relating to third party’ it may not be even know to that third party when and what information relating to third party, was collected by public body.................... What is confidential to the third party is known to the third party alone. There may not be a rubber stamp upon the information that this is confidential information. It is right vested in the third party to treat any information ‘relating to or supplied by the third party’ as confidential.”
 +{{:explanations:third-party-rti.jpeg?400 |}}
  
 The said judgment also says, “What satisfaction must be arrived at, prior to disclosure of information about satisfaction must be arrived at, prior to the Act especially Section 8(d), 8(j) and proviso to Section 11(1) and looking to the process of disclosing information to the appellant ‘relating to or supplied by the third party and treated as confidential by the third party’, the Act imposes a duty upon Public Information Officer to arrive at a conclusion that public interest in disclosure outweighs, harm or injury, to the protected interest of such third party, or larger public interest warrants, disclosure of such information, in considering whether the The said judgment also says, “What satisfaction must be arrived at, prior to disclosure of information about satisfaction must be arrived at, prior to the Act especially Section 8(d), 8(j) and proviso to Section 11(1) and looking to the process of disclosing information to the appellant ‘relating to or supplied by the third party and treated as confidential by the third party’, the Act imposes a duty upon Public Information Officer to arrive at a conclusion that public interest in disclosure outweighs, harm or injury, to the protected interest of such third party, or larger public interest warrants, disclosure of such information, in considering whether the
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 "The Supreme Court of India has ruled that citizens have a right to know about charges against candidates for elections as well as details of their assets, since they desire to offer themselves for public service. It is obvious then that those who are public servants cannot claim exemption from disclosure of charges against them or details of their assets. Given our dismal record of mis-governance and rampant corruption which colludes to deny citizens their essential rights and dignity, it is in the fitness of things that the citizen's right to information is given greater primacy with regard to privacy." "The Supreme Court of India has ruled that citizens have a right to know about charges against candidates for elections as well as details of their assets, since they desire to offer themselves for public service. It is obvious then that those who are public servants cannot claim exemption from disclosure of charges against them or details of their assets. Given our dismal record of mis-governance and rampant corruption which colludes to deny citizens their essential rights and dignity, it is in the fitness of things that the citizen's right to information is given greater primacy with regard to privacy."
  
-In extraordinary situations there are other laws which apply to secure privacy of information: "We can also look at this from another aspect. The State has no right to invade the privacy of an individual. There are some extraordinary situations where the State may be allowed to invade the privacy of a citizen. In those circumstances special provisions of the law apply; usually with certain safeguards. Therefore where the State routinely obtains information from citizens, this information is in relationship to a public activity and will not be an intrusion on privacy. "+In extraordinary situations, there are other laws which apply to secure privacy of information: "We can also look at this from another aspect. The State has no right to invade the privacy of an individual. There are some extraordinary situations where the State may be allowed to invade the privacy of a citizen. In those circumstances special provisions of the law apply; usually with certain safeguards. Therefore where the State routinely obtains information from citizens, this information is in relationship to a public activity and will not be an intrusion on privacy. "
  
 ==== What does exemption of information under Section 8(1) (j) of the RTI Act mean? ==== ==== What does exemption of information under Section 8(1) (j) of the RTI Act mean? ====
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 It is clearly stated at Section 11 (1)  that  It is clearly stated at Section 11 (1)  that 
  
-Submission of third party shall be kept in view while taking a decision about disclosure of information. Section 11 does not give a third party an unrestrained veto to refuse disclosing information. It only gives the third party an opportunity to voice its objections to disclosing information. The PIO will keep these in mind and denial of information can only be on the basis of exemption under Section 8 (1) of the RTI act.+Submission of the third party shall be kept in view while taking a decision about disclosure of information. Section 11 does not give a third party an unrestrained veto to refuse disclosing information. It only gives the third party an opportunity to voice its objections to disclosing information. The PIO will keep these in mind and denial of information can only be on the basis of exemption under Section 8 (1) of the RTI act.
  
 The test of public interest is to be applied to give information, only if any of the exemptions of Section 8 apply. Even if the exemptions apply, the Act enjoins that if there is a larger Public interest, the information would still have to be given. There is no requirement in the Act of establishing any public interest for information to be obtained by the sovereign Citizen; nor is there any requirement to establish larger Public interest, unless an exemption is held to be valid.  The test of public interest is to be applied to give information, only if any of the exemptions of Section 8 apply. Even if the exemptions apply, the Act enjoins that if there is a larger Public interest, the information would still have to be given. There is no requirement in the Act of establishing any public interest for information to be obtained by the sovereign Citizen; nor is there any requirement to establish larger Public interest, unless an exemption is held to be valid. 
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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.
-==== More Common terms under RTI ==== 
  
-{{indexmenu>:explanations#1}}+===== Is another Public authority third party under RTI Act ===== 
 + 
 +The third party has to be someone apart from the applicant and the Public  authority  from  whom  the  information is sought. However, another public authority would also be considered as a third party. 
 + 
 +The Government in a number of cases makes inter departmental consultations. In the process, a public authority may send some confidential papers to another public authority. A question has arisen whether the recipient public authority can disclose such confidential papers under the RTI Act, 2005. If yes, what procedure is required to be followed for doing so. 
 + 
 +Section 11 of the Act provides the procedure of disclosure of 'third party' information. According to it, if a Public Information Officer (PIO) intends to disclose an information supplied by a third party which the third party has treated as confidential, the PIO, before taking a decision to disclose the information shall invite the third party to make submission in the matter. The third party has a right to make an appeal to the Departmental Appellate Authority, a second appeal to the concerned Information Commission. The PIO cannot disclose such information unless the procedure prescribed in section 11 is completed. As defined in clause (a) of [[act:|Section 2]] of the Act, 'third party' includes a public authority. Reading of the definition of the term, 'third party' and Section 11 together makes it clear that if a public authority 'X' receives some information from another public authority 'Y' which that public authority has treated as confidential, then 'X' cannot disclose the information without consulting 'Y', the third party in respect of the information and without following the procedure prescribed in Section 11 of the Act. Is it a statutory requirement, non-compliance of which may make the PIO liable to action.(({{ :explanations:no_990.pdf |Another Public Authority is Third Party, DOPT OM}} ))
  
-<WRAP left round download 90%> 
   - {{:explanations:cic_ad_a_2011_001494_sg_14922_m_67611.pdf|Mr. S. K. Kalra Vs Ministry Of External Affairs}} File No: CIC/AD/A/2011/001494/SG/14922 dated 21.09.2011   - {{:explanations:cic_ad_a_2011_001494_sg_14922_m_67611.pdf|Mr. S. K. Kalra Vs Ministry Of External Affairs}} File No: CIC/AD/A/2011/001494/SG/14922 dated 21.09.2011
   - {{:explanations:gujarat.pdf|Reliance Industries Ltd. vs Gujarat State Information}}   - {{:explanations:gujarat.pdf|Reliance Industries Ltd. vs Gujarat State Information}}
   - {{:explanations:cic_sg_a_2012_000879_18681_m_81689.pdf|Smt.Anita Singh vs Ministry Of External Affairs}}1 May, 2012, Decision No. CIC/SG/A/2012/000879/18681   - {{:explanations:cic_sg_a_2012_000879_18681_m_81689.pdf|Smt.Anita Singh vs Ministry Of External Affairs}}1 May, 2012, Decision No. CIC/SG/A/2012/000879/18681
-  - {{: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 DecisionFile No: No. CIC /A T/A/2008/01262//SG/2109}} 
-</WRAP>+ 
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 +---- 
 + 
 +===== More Common terms under RTI ===== 
 + 
 +{{indexmenu>:explanations#1}} 
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 +~~DISCUSSION~~
explanations/third-party.txt · Last modified: 2023/04/15 11:08 by Shrawan