Differences

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

--- explanations:third-party [2017/04/14 03:33] – Shrawan
+++ explanations:third-party [2017/05/03 01:41] – Shrawan
@@ Line 84: / Line 84: @@
 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.
+===== Is another Public authority third party under RTI Act =====
+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}} ))
   - {{: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