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--- explanations:third-party [2018/06/02 14:58] – [Is another Public authority third party under RTI Act] Shrawan
+++ explanations:third-party [2018/06/03 15:25] – Shrawan
@@ Line 8: / Line 8: @@
 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: