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