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explanations:third-party

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explanations:third-party [2017/05/03 01:41] Shrawanexplanations:third-party [2017/05/03 01:46] 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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 “......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.”
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 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
explanations/third-party.txt · Last modified: 2023/04/15 11:08 by Shrawan