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UNDER SECTION 11 OF THE RTI ACT, THE PIO IS REQUIRED TO GET BACK TO THE PERSON WHO’S CONFIDENTIAL RECORDS I-T RETURNS OR PASSPORT ARE BEING SOUGHT

 
 
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UNDER SECTION 11 OF THE RTI ACT, THE PIO IS REQUIRED TO GET BACK TO THE PERSON WHO’S CONFIDENTIAL RECORDS I-T RETURNS OR PASSPORT ARE BEING SOUGHT
by System Administrator - Monday, 16 November 2020, 3:02 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Reportedly The High Court of Delhi 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”. Section 11(1) of the Online RTI Act provides as follows: "11. Third party information- (1) Where a Central Public Information Officer or the State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: 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.” 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.” .