Can rates and commercial terms of private company be disclosed under RTI?
24 Dec, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the Public Works Department (PWD) seeking a copy of the contract entered between Government of Puducherry and a construction Company for the construction of Fishing Harbour at Mahe. The Public Information Officer (PIO) informed the appellant that the third party has objected to the disclosure of sought information stating that the content of the Contract like rates and commercial terms etc. were confidential in nature and if furnished to an external party may reach their competitors and will jeopardize their competitiveness in other future projects. While filing the second appeal, the appellant stated that the contract will not come under the purview of section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act.
Proceeding
During the hearing before the Central Information Commission (CIC), the respondent submitted that if information pertaining to the aforesaid contract revealed contains rates including specifications of technical condition drawing and general contract conditions would harm the competitive position of the third party and is exempted under the provisions of section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act. The respondent agreed to disclose the rates in the contract for works.
View of CIC
The Commission observed that rates can be disclosed as they did not attract the provisions of section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act and directed the PIO to provide the rates in the contract for different works to the appellant.
Citation: Mr. V. Sudhakaran v. Public Works Department in Case No. CIC/SS/A/2011/001841
RTI Citation : RTIFI/2012/CIC/901
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