New File Added: Third part notice before disclosure

[rtiindia]

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Third part notice before disclosure

PIO must issue notice to "third party" before disclosure AND other important points about RTI

Mr. Surupsingh Hrya Naik vs State Of Maharashtra Through Additional Secretary, General Administration Deptt. And Ors. on 23/3/2007An MLA in Maharashtra was sentenced to prison for contempt of court by the Supreme Court. On being sent to prison, he complained of "Chest pain" after two days and was admitted to a AC room in a public hospital. He got himself discharged just a few days before the jail term got over.Applicant asked the PIO of the hospital the medical records of the patient. Matter went to Second Appeal where it was pending. The MLA (third party in this case) filed a case in court that the PIO should have consulted him, as a third party, before disclosure.Other important points covered in this judgement are:1. Whether the PIO can disclose even information exempt under Sec 8(1)(j), if Public interest is paramount2. The proviso which appears after Sec 8(1)(j), only applies to 8(1)(j) and NOT to the other subsections of Sec 83. If a applicant asks for the medical records of a person who is in hospital during police or judicial custody, information must be provided. It can only be denied in exceptional cases and that too with valid reasons in writing.4. If information asked, cannot be denied to Parliament or Legislature, then it cannot be denied to the applicant unless the third party convinces the PIO that the Parliament/Legislature is not entitled to the information5. Before any order is passed by the PIO, opportunity must be given to third party to raise objection under Sec 11 and Sec 19(4) of the RTI Act.