What is considered as third party information

[gaurav_bandi]

There are cases where the Pulic authority holds information which it has collected during the course of its normal business but it relates to third parties. In such condition the PIO writes to the third party for approval to share his information but usually no one will allow his info to be shares. In such a situation the PIO is easily able to avoid giving the info on the pretex that the information asked for relates to a third party and he is not able to give it as NOC not recvd from the third party concerned.

what to do to avoid this situation.

For e.g. if we call for copy of IT return or Audit report from the Tax department they refuse saying that the information is seeked for third party and it cannot be provided.

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[jps50]

Sponsorer

Welcome to this portal and thanks for being with us. U have to prove larger public interest for obtaining this type of info, otherwise privacy of the third party is to be respected.

[Dr. Pathak]

moved to General Discussions from Ask for RTI Query.

[karira]

There are cases where the Pulic authority holds information which it has collected during the course of its normal business but it relates to third parties. In such condition the PIO writes to the third party for approval to share his information but usually no one will allow his info to be shares. In such a situation the PIO is easily able to avoid giving the info on the pretex that the information asked for relates to a third party and he is not able to give it as NOC not recvd from the third party concerned.

what to do to avoid this situation.

For e.g. if we call for copy of IT return or Audit report from the Tax department they refuse saying that the information is seeked for third party and it cannot be provided.

Gaurav,

There is no blanket ban in disclosure of information related to third parties and held by a Public Authority. It has to be on a case to case basis.

Further, the PIO is supposed to "apply his mind" about the disclosure of third party information and cannot follow the restriction imposed by the third party against disclosure in a blind manner. Some parts of Sec 11 are very clear about this:

"....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:...."

"......the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party."

So, the decision to disclose or not lies squarely with the PIO.

[dhanabalan]

Executive officer of Town Panchayat has collected less property tax from the house owners by receiving bribe, violating the guidelines. The house owner is also benefitted due to less tax. I asked the particulars like zonal basic value, house plinth area, year of construction and tax assessed, details of calculation. Executive officer got a letter from the house owner not to disclose his property details to me.
I appealed. I stated that there is a corruption in assessing the property tax. Due to this, there is a loss to Town Panchayat. So it is not exempted under section 8.

Dhanabalan