If the third party does not respond to a notice, should the information be disclosed?
10 Jan, 2012
Background
The appellant asked for the copy of application form with affidavit submitted by a passport holder regarding passport no. A-H 585890. The PIO said that the information could not be provided as it was exempted under section 8 (1) (j). The PIO held that that due to non-reply of notices sent under section 11 (1), it could be presumed that third party is not willing to disclose the details. On appeal the FAA upheld the denial of information under section 8(1) (j).
View of CIC
The Commission observed that the PIO has completely misunderstood Section-11 of the RTI Act. Section-11(1) requires the PIO to give notice to third party only when he intends to disclose the information and keep the third party’s submission in view while taking a decision about disclosure of information. The PIO stated that third party information cannot be disclosed without taking the views of the third party. The Commission ruled that if the third party’s address is not located it does not mean the citizen’s right to information would disappear. Section-11 is only a procedural requirement that gives third party an opportunity to voice and objection in releasing the information. The Commission examined whether the information is exempt under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. and ruled that the information provided by an applicant when applying for passport is not exempt under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act. The PIO was directed to provide the complete information as per available records to the appellant free of cost as per Section 7(6) of RTI Act.
Citation: Mr. K. K. Dharman V Public Information Officer in file no. CIC/SG/A/2011/001832
RTI Citation : RTIFI/2012/CIC/3
Click here to view original RTI order of Court / Information Commission