Information pertaining to functioning of Export Terminal Management System was denied claiming that it is a commercial software containing confidential commercial information & is exempt u/s 8(1)(d) - CIC: order of PIO upheld
1. The appellant filed an RTI application on 27.05.2012 seeking information pertaining to functioning of Export Terminal Management System (hereinafter referred to as ETMS) by the respondent organization. The CPIO responded vide their letter dated 30.6.2012. The appellant filed first appeal on 27.6.2012, which was responded to on 10.1.2012. The appellant approached the Commission on 31122012.
2. The appellant did not participate in the hearing. The respondent participated in the hearing personally.
3. The respondent referred to the RTI application of the appellant and stated that he was seeking information pertaining to functioning of the ETMS by the respondent organization.
4. The respondent stated that the ETMS is an internal online application system through with all commercial transactions are processed and operated.
5. The respondent stated that the appellant had sought information on 3 broad points:
1. Legality of the ETMS;
2. Approval details of the ETMS;
3. Train summary between a certain mentioned period.
6. The respondent stated that they have responded by letter dated 30.6.2012 and 4.12.2012 and have mentioned that information cannot be provided as the ETMS is a commercial software containing confidential commercial information and therefore information connected to it cannot be disclosed in terms 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; of the RTI Act as it would impede the competitive position of the respondent organization which runs on commercial lines. The respondent stated that the FAO dated 4.12.2012 also upheld the CPIO’s decision.
7. The action taken by the respondent is in conformity with the RTI Act. The order of the FAA is upheld.
8. The action taken by the respondent is upheld. There is no action needed at the level of the Commission. The appeal is disposed of. Copy of the decision be given free of cost to both the parties
Citation: Shri Jasbir Singh v. Container Corporation of India in Decision No.CIC/AD/A/2013/000540/VS/07751