explanations:third-party
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explanations:third-party [2017/05/03 01:41] – Shrawan | explanations:third-party [2018/06/03 15:25] – 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/ | The High Court of Delhi((Delhi High Court Decision: Suhas Chakma v. CIC & Ors. W. P. (C) No. 9118/2009 dated 22/ | ||
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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. | ||
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.” | ||
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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, | 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, | ||
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In this regard, it may be worthwhile to note the observations of **// | In this regard, it may be worthwhile to note the observations of **// | ||
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//“...It requires to be noticed that under the RTI Act information that is totally exempt from disclosure has been listed out in Section 8. The concept of privacy is incorporated in Section 8(1)(j) of the RTI Act. This provision would be a defense available to a person about whom information is being sought. Such defense could be taken by a third party in a proceeding under Section 11(1) when upon being issued notice such third party might want to resist disclosure on the grounds of privacy. | //“...It requires to be noticed that under the RTI Act information that is totally exempt from disclosure has been listed out in Section 8. The concept of privacy is incorporated in Section 8(1)(j) of the RTI Act. This provision would be a defense available to a person about whom information is being sought. Such defense could be taken by a third party in a proceeding under Section 11(1) when upon being issued notice such third party might want to resist disclosure on the grounds of privacy. | ||
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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' | "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' | ||
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In extraordinary situations there are other laws which apply to secure privacy of information: | In extraordinary situations there are other laws which apply to secure privacy of information: | ||
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===== Is another Public authority third party under RTI Act ===== | ===== Is another Public authority third party under RTI Act ===== | ||
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+ | The third party has to be someone apart from the applicant and the Public | ||
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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. | 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. | ||
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===== More Common terms under RTI ===== | ===== More Common terms under RTI ===== | ||
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explanations/third-party.txt · Last modified: 2023/04/15 11:08 by Shrawan