commerical secrets

[deegee31]

Hi all,
Id like to ask some questions about your experience/knowledge re Commercial Secrets
If possible, pleasse reply to me offline as well davgoldberg[at]gmail.com>
Thanx!
Best wishes,
David
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1) Where information might include "commercial secrets" does your
access to information law allow the government to consult with the
affected party? If so, is this consultation obligatory?
2) What happens if the third party refuses to authorize access to
info it supplied to the government?
3) Does the third party have an absolute veto, or is it subject to
the harm and public interest tests?
4) Is there any jurisprudence (or commissioner's decision) which show
how to balance the competing rights/interests?
5) Does the ATI law, the jurisprudence, or any other law define
"commercial secrets" and equivalent concepts? If so, please provide
examples. If not, what is happening with the interpretation of the
provision in the ATI law?

[maneesh]

Dear David,
Welcome to RTI India. Hope our interaction will give us broader perspective of ATI law across the globe.

Originally Posted by deegee31

1) Where information might include "commercial secrets" does your
access to information law allow the government to consult with the
affected party? If so, is this consultation obligatory?

Under India RTI law any information which concern with the third party has to be consulted. Commercial secrets are one of the grounds of exemption provided under the act. As the laws stands today it is obligatory to dot he consultation. The act is very clear in this

Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11.

Originally Posted by deegee31

2) What happens if the third party refuses to authorize access to
info it supplied to the government?

If the public officer intends to disclose the information or record, or part thereof, he has to invite the third party to make a submission in writing or orally, requesting to inform 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.

Originally Posted by deegee31

3) Does the third party have an absolute veto, or is it subject to
the harm and public interest tests?

No the third party does not have absolute veto as the decision to way public interest lies with the public authority

Originally Posted by deegee31

4) Is there any jurisprudence (or commissioner's decision) which show
how to balance the competing rights/interests?

I will check and updte on that

Originally Posted by deegee31

5) Does the ATI law, the jurisprudence, or any other law define
"commercial secrets" and equivalent concepts? If so, please provide
examples. If not, what is happening with the interpretation of the
provision in the ATI law?

The ATI law does not define commercial secrets they have to treated as equivalent concepts from other IP laws