Sec-11 - procedure to deny third party information by cpio

[RAVEENA_O]

HOW & WHEN THE CPIO CAN DENY THIRD PARTY INFORMATION

The PIO cannot simply deny disclosure under the plea of THIRD PARTY. As we discussed in various threads, there are certain principles under which the PIO can reject information under Clause-11.

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

(2) which 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 thid 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, the RTI Applicant is entitled for a copy of the decision so recorded by the PIO being affected person. Needless to mention, the PIO is duty bound to record the 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 the third party etc.

Unless these steps are followed, the decision of PIO shall merely be a denial without reasons. CPIO cannot merely deny information quoting Sec.11

Similar Threads which you may be interested into:

• Applicability and Procedure regarding Sec 11 (Third Party)
• Administrative difficulties cannot be cited to deny information
• can CPIO and FAA deny right of inspection of records on the ground that informatin provided is exempted from inspection ?
• Third party information appeal procedure
• CPIO cannot withold information inspite of "No Objection" from third party

[taurus]

Sponsorer

To this list please also add the fact that the PIO while deciding to part with the information, should intimate the third party who had objected to such revealation, that the PIO intends to disclose the info to the info-seeker and if the 'third party' is aggrieved by this decision of the PIO it can appeal to the AA against the decision of the PIO.

[RAVEENA_O]

Notice of decision is mentioned at Sr.No.(8). Obviously, the notice of decision shall contain appeal provisions in accordance with Sec.11. We are discussing the steps required to be followed by CPIO - scope of Third Party Information, method of dissemination or denial etc.

The object is simple - the CPIO cannot simply say that the INFORMATION is a THIRD PARTY information. The criteria as above need to be fulfilled to qualify an information as THIRD PARTY information.

[karira]

Please also see:

Applicability and Procedure regarding Sec 11 (Third Party)