Right to Information Wiki

Encyclopedia on RTI for everyone
You will find the Guide to Online RTI.

User Tools

Site Tools

You are here: RTI Wiki » Common Terms » Third Party under RTI
explanations:third-party

Differences

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

Link to this comparison view

Both sides previous revisionPrevious revision
Next revision		Previous revision
explanations:third-party [2018/06/02 14:58] – [Is another Public authority third party under RTI Act] Shrawanexplanations:third-party [2023/04/15 11:08] (current) – 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.”// 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:
Line 19: Line 21:
  
 In this regard, it may be worthwhile to note the observations of **//Muralidhar, J. of the High Court of Delhi in Arvind Kejriwal v. CPIO W. P. (C) 6614/2008 and C. M. Appl. No. 12685/2008, W. P. (C) 8999/2008 and C. M. Appl. No. 7517/2008, W. P. (C) 8407/2009 and C. M. Appl. 5286/2009 decided on 30/07/2010//**, in Paragraph 21, which are as follows: In this regard, it may be worthwhile to note the observations of **//Muralidhar, J. of the High Court of Delhi in Arvind Kejriwal v. CPIO W. P. (C) 6614/2008 and C. M. Appl. No. 12685/2008, W. P. (C) 8999/2008 and C. M. Appl. No. 7517/2008, W. P. (C) 8407/2009 and C. M. Appl. 5286/2009 decided on 30/07/2010//**, in Paragraph 21, which are as follows:
-<html> +
-<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> +
-<ins class="adsbygoogle" +
-     style="display:block; text-align:center;" +
-     data-ad-layout="in-article" +
-     data-ad-format="fluid" +
-     data-ad-client="ca-pub-3082882621726443" +
-     data-ad-slot="9529004960"></ins> +
-<script> +
-     (adsbygoogle = window.adsbygoogle || []).push({}); +
-</script> +
-</html>+
 //“...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. 
  
Line 76: Line 67:
    
 "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."
-<html> + 
-<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> +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. "
-<ins class="adsbygoogle" +
-     style="display:block; text-align:center;" +
-     data-ad-layout="in-article" +
-     data-ad-format="fluid" +
-     data-ad-client="ca-pub-3082882621726443" +
-     data-ad-slot="9529004960"></ins> +
-<script> +
-     (adsbygoogle = window.adsbygoogle || []).push({}); +
-</script> +
-</html> +
-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? ====
Line 98: Line 78:
 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. 
Line 107: Line 87:
  
 ===== Is another Public authority third party under RTI Act ===== ===== Is another Public authority third party under RTI Act =====
-<html> 
-<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> 
-<ins class="adsbygoogle" 
-     style="display:block; text-align:center;" 
-     data-ad-layout="in-article" 
-     data-ad-format="fluid" 
-     data-ad-client="ca-pub-3082882621726443" 
-     data-ad-slot="6177570391"></ins> 
-<script> 
-     (adsbygoogle = window.adsbygoogle || []).push({}); 
-</script> 
-</html> 
  
 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 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.
Line 135: Line 103:
  
 ===== More Common terms under RTI ===== ===== More Common terms under RTI =====
-<html> +
-<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script> +
-<ins class="adsbygoogle" +
-     style="display:block" +
-     data-ad-format="fluid" +
-     data-ad-layout-key="-gu-18+5g-2f-83" +
-     data-ad-client="ca-pub-3082882621726443" +
-     data-ad-slot="4321988277"></ins> +
-<script> +
-     (adsbygoogle = window.adsbygoogle || []).push({}); +
-</script> +
-</html>+
 {{indexmenu>:explanations#1}} {{indexmenu>:explanations#1}}
  
explanations/third-party.txt · Last modified: 2023/04/15 11:08 by Shrawan