Endurance test reports of engines of Mahindra under RTI

Background

The appellant sought for the copies of endurance test reports of certain engine models of Mahindra & Mahindra from the Automotive Research Association of India (ARAI). The Public Information Officer (PIO) denied the information under 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; of the RTI Act stating that the information sought is confidential information pertaining to third party and is the intellectual property of ARAI. The appellant argued that the reports asked for by him are the property of ARAI and was not furnished by third party, since it was issued and signed by ARAI. The respondent submitted that the endurance reports sought by the appellant are not connected with public function of the Institute. It was a development test conducted at the request of a third party for their product and that the disclosure of this information will harm the owner of the product.

View of CIC

The Central Information Commission (CIC) rejected the appeal observing that the information sought by the appellant pertains to commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of the third party and thus attracts 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; of the RTI Act, 2005. Citation: Shri K.S. Jain v. Automotive Research Association of India in Case No. CIC/SS/A/2012/000032