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    Default about third party


    can we denied the case of third party only invoke the section 2(n).



  2. #2
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    Default Re: about third party


    Please post more details of the request and type of information sought, to enable our members to help you?

    Section-11 is an enabling provision and a procedure to be followed while dealing with Third Party information. Even if you want to deny third party information after due process, the exemption must be found in Section-8 only. Proviso below Sec-11(1) is that except trade or commercial secrets protected by law, disclosure may be allowed if public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.


    Also please read


    THIRD PARTY INFORMATION

    The PIO cannot simply deny disclosure of information under the plea of THIRD PARTY. There are certain principles under which PIO can invoke the provisions of Section-11, viz -

    (1) PIO indents to disclose any information or part thereof;

    (2) which (information) relates to or has been supplied by a third party;

    (3) which (information) has been treated as CONFIDENTIAL by that third party;

    (4) PIO must within 5 days serve a written notice to the third party indicating therein

    [i] PIO indents to disclose the information or record or part thereof;
    [ii] invite third party to make a submission in writing or orally whether the information should be disclosed;

    (5) Such submission of THIRD PARTY shall be kept in view while taking a decision about disclosure of information.

    (6) Except in case of Trade or Commercial secrets protected by law, disclosure may be allowed if public interest in disclosure outweighs in importance any possible harm or injury to the interest of such third party

    (7) The PIO has to record reasons of his decision within 40 days after receipt u/s 6.

    (8) The PIO has to give a copy of his notice of decision to the Third Party.

    Consequently, RTI Applicant is entitled for a copy of decision so recorded by PIO being affected person. Needless to mention, PIO is duty bound to record decision on each and every aspect mentioned above - say whether it is confidential, whether it is trade secret protected by law (which law?), whether disclosure may be in public interest, whether the disclosure harm or cause injury to third party etc. Unless these steps are followed, the decision of PIO shall merely be a denial without reasons. PIO cannot merely deny information quoting Sec.11

    The PIO cannot also deny information either treating it as 'personal' or 'third party'.

    The PIO can deny an information only if it is exempted under Sec-8 or 9 of RTI Act, else the PIO is required to supply information held by the Public Authority or under the control of that public authority. To deny information under sec-8 and 9, PIO has to give reasons as to how the 'information' or document is falling under the purview of Sec-8 or 9.

    Any information including personal information submitted by a person / party in compliance of a statutory requirement and/or which has been relied upon by public authority for making decision, invariably become a part of public document and hence in public domain unless it is expressly barred by provisions of Sec-8 and 9, eg trade secret etc.

    Also please read:
    http://www.rtiindia.org/forum/77296-...rmatation.html
    Likes rtiindia, GirijaSiva liked this post
     
    Satyameva Jayate सत्यमेव जयते

  3. #3
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    Default Re: about third party


    Thnks for reply? I m very well gone through about RTI act? Somebody (an advocate) sent a letter for getting the information regarding 3 rd party that kindly let me know that whether xyz has passed this examination from ur organization vide roll no , regd no, and photo copy of dmc etc? Provide the mandatory details in this regard? I invoke the sec 11(1) for get the consent from third person to invite the submission for disclosure of information within 10 days from receipt of request , but my officer rejected my case and said only invoke sec 2(n) and take an order from PIO for file the case, so that's why I had asked u this question? Plz advice

  4. #4
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    Default Re: about third party



    Following links will be useful:

    Third party rights:
    Rights of third party under rti act - Blogs - RTI INDIA- Right to Information

    Third party info denied?
    Third party information denied under RTI ? - Blogs - RTI INDIA- Right to Information

    Information can be denied only under section 8.1 or 9, as mandated in section 7.1. It cannot be denied under section 2.n which only defines third party.
    It takes each of us to make difference for all of us.

  5. #5
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    Default Re: about third party


    Sec-2(n) is only a definition and not a provision to deny information. How can you treat those information sought by the Advocate as third party information? You cannot just file the request. Your PIO must take a decision in terms of Sec-7(1) of the Act - either supply information, or deny information or in case of 3rd party information, PIO must issue Notice under Sec-11(1) within stipulated time limit. Filing the request without any one of above actions may tantamount to denial (deemed denial) of information and attract provisions of Section-19(5), Section-20(1) and 20(2).
    Last edited by RAVEENA_O; 10-11-2013 at 10:56 PM. Reason: text added
    Satyameva Jayate सत्यमेव जयते



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