Under RTI, can the FAA deny the information on different grounds?
26 Aug, 2012Background
The appellant sought information regarding monthly/annual income (including commission paid) of a particular person. The Public Information Officer (PIO) provided part information and denied the rest 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; and 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the Right to Information (RTI) Act. The First Appellate Authority (FAA) rejected the request for disclosure of 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; and 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. of the Act.
View of CIC
The Central Information Commission (CIC) rejected the appeal stating that the information sought by the appellant is third party information and thus cannot be disclosed unless larger Public Interest has been established by the appellant in the disclosure of the same.
Citation: Mr. Fr. J.A. Carvalho v. LIC of India in Appeal: No. CIC/DS/A/2011/003415
RTI Citation : RTIFI/2012/CIC/593
Click here to view original RTI order of Court / Information Commission