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Rights of third party under rti act

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Third party under RTI Act enjoys following rights to secure its privacy and confidentiality:ffice:office" />

1. Third party has a right to receive notice from PIO under section 11 to file representation for not disclosing its information.

2. Third party should get copy or details of RTI application filed with PIO with the above notice.

3. Third party should be allowed 10 days time from the date of receipt of notice by third party to submit representation before PIO.

4. Third party can orally or in writing submit its representation with PIO for not disclosing information to the applicant.

5. Third party has right to treat any information pertaining to it or supplied by it as confidential, even at the time of representation, if not so treated at the time of submission of information.

6. If after submission of representation to the PIO, the PIO decides to disclose the requested information, then third party has a right to get speaking order with details of first appellate authority, before whom the third party can file first appeal against decision of PIO.

7. Third party has 30 days time to file first appeal from the date of receipt of decision of PIO to disclose.

8. Third party has a right to require PIO not to proceed with disclosure as first appeal is being filed or has been filed. Copy of first appeal should be sent to PIO simultaneously with first appellate authority.

9. Third party has a right to be given personal hearing by the first appellate authority before deciding on the appeal.

10. Third party has right to get speaking order of the first appellate authority [FAA] within 30 days of filing the appeal.

11. Third party has right to require PIO and FAA not to allow disclosure pending filing of second appeal to CIC/SIC within 90 days of receipt of decision of FAA or when the decision was due from FAA.

12. Third party has right to be heard by the CIC/SIC, before deciding the appeal.

13. Third party has right to move High Court or Supreme Court against the decision of the CIC/SIC.

14. Third party should get reasonable time for moving Courts after decision is taken by CIC/SIC and no information should be disclosed during such reasonable time, as once the information is disclosed, it cannot be reversed.

Note:

A] Following sections are pertaining to third party under RTI Act:

7 (7), 11, 19 [2], 19 [3] and 19 [4]

B] Very important judgements of High Court of Gujarat on third party information in following cases:

a] SPECIAL CIVIL APPLICATION No. 16073 of 2007
With SPECIAL CIVIL APPLICATION No. 17067 of 2007

RELIANCE INDUSTRIES LIMITED Petitioner Versus
GUJARAT STATE INFORMATION COMMISSION & 4 Respondents

And

b]The High Court Of Gujarat By And Through B.J. Dhandha
versus State Chief Information Commissioner And Anr.
Judgement dated 3/10/2007


C] Useful link http://www.humanrightsinitiative.org...pl_appeals.pdf

Updated 08-03-10 at 03:11 PM by jps50

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Comments

  1. vinaykala's Avatar
    no sir,

    I HAVE NOT BEEN PAID MY RETIREMENT DUES BY MY MY ORGANISATION OUT OF PREJUDICE.

    I AM THERFORE AN AFFECTED PERSON

    HOW DO I DIFFER FROM A THIRD PARTY

    IS THERE MORE OBLIGATION ON THE EMPLOYER TO PROVIDE ME INFO THAT AFFECTS ME.

    PLEASE QUOTE THE SECTION WHERE IT TALKS OF AN AFFECTED PERSON

    I AM NOT SEEKING RIGHTS OF THIRD PARTY APPLICANTS

    I WANT TO KNOW ONLY WHO IS AN AFFECTED PERSON

    PL QUOTE SECTON OF ACT

    VINAY KALA
  2. jps50's Avatar
    If you are not paid retiral benefits and if you seek info under rti, u are definitely affected person as per sec 4.1.d
  3. gocam's Avatar
    Can you please give us the order number of this case, so that we can download it from Gujrat high court's website.
  4. jps50's Avatar
    Gujarat HC judgement number and details are in the article itself at the end. It can be accessed from website of Gujarat HC.
  5. gocam's Avatar
    I found it thank you.
  6. Pradip Shah's Avatar
    Educative information for beginner like me to understand act for general knowledge & community help.
  7. lnkhandual's Avatar
    Sir, can you please explain me what is meant by speaking order in connection with 1st appeal.How does it differ from any other type of orders?
  8. jps50's Avatar
    Speaking order means properly reasoned one as to how authority has reached a particular decision.

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