explanations:third-party
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explanations:third-party [2018/06/02 14:57] – [Is another Public authority third party under RTI Act] Shrawan | explanations:third-party [2023/04/15 11:08] (current) – Shrawan | ||
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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: | ||
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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: | + | |
==== 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? ==== | ||
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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, | The test of public interest is to be applied to give 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 | The third party has to be someone apart from the applicant and the Public | ||
explanations/third-party.txt · Last modified: 2023/04/15 11:08 by Shrawan