Can any action be taken against a PIO if he has provided excess information or under information?
Under section 21 of the Act, no legal proceeding shall lie against any PIO for anything that is done or intended to be done in good faith. This provides for a fair degree of protection to the PIO and there shall be no penalty if he can prove that he has acted in good faith.
The term ‘good faith’ has not been defined in the RTI Act. One may refer to the General Clauses Act, 1897, or the Limitation Act, 1908, to arrive at the definition.
For an act to be done in ‘good faith’:
u the state of mind of the officer should be indicating honesty and lawfulness of purpose, and
u due care and attention should be exercised.
The rule of the thumb which all the PIOs may follow is to provide all the information sought by an applicant, unless it is specifically exempt from disclosure under the Act.