RTI Act private information, Other Topics

[Murari Agrawal]

Dear experts,

We are a private partnership firm having a factory. Some one has applied to Govt under RTI Act for obtaining information re number of workers, wage structure in our factory. While the Labour officer can always visit us and get details, we think the RTI application needs to be rejected as the information sought is exempt under section 8 of the Act. Pl give your valued opinion with any case law if possible. Thanks.

Posts / Replies

[MADAN RAHEJA]

Dear Sir,In terms of clause (d) of Section 8 of RTI Act, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party is exempt from disclosure, unless larger public interest warrants the disclosure of such information. Similarly as per clause (j) of Act ibid, 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 is also exempt unless larger public interest justifies the disclosure of such information.

2. It appears that information in respect of your activities has been sought from Government department by your competitor and no public interest is involved. This can be denied by concerned CPIO since you are a Third party in terms of Section 2(n) of RTI Act.

3. However, in case CPIO decides to provide information to information seeker, he has to follow procedure prescribed in Section 11 of RTI Act. According to this provision, a written notice within five days has to be given to third party asking him to make a submission in writing or orally, regarding whether the information should be disclosed or not and such submission of the third party shall be kept in view while taking a decision. Third party is given 10 days time to make submissions. Further, third party has a right to file appeal in case CPIO decides to disclose information inspite of objection.

4. You may also surf CIC’s website as there are many judgments on this issue.

[KASTURI SETHI]

Sh.Madan Raheja Ji,

Thanks for enrichment of my knowledge. Comprehensive reply indeed.

[Ganeshan Kalyani]

Sir the purpose of RTI Act is for the general public to get information about the schemes, benefit etc.that Govt would have earmarked for the public. I believe the act should be used for the meaningful pupose. But I have seen that people are trying to get crucial details from the company. One of the issue my friend shared with me is that one person had asked about the production process. The reply was not given anyhow. But the fact is such cases are increasing. This for knowledge. Thanks.

[KASTURI SETHI]

Sh.Ganeshan Kalyani Ji,

Your views echo the views of Sh.Madan Raheja, Sir on the issue. In other words, I fully support your views.

[Murari Agrawal]

Thanks all very much for your valued opinion.