Monthly Archives: March 2016

A beneficent Statute, when made a tool for mischief and abuse must be checked in accordance with law.

A beneficent Statute, when made a tool for mischief and abuse must be checked in accordance with law.



Own records are not third party

Own records are not third party‘Own records are not third party information.’

Central Information Commission objected to Public Information Officer interpretation that asking for information about self through RTI is Personal information and is exempt under Section-8(1)(j) of RTI Act.  The PIO had rejected the application on the grounds that information about own file is third party information under RTI Act and cannot be disclosed. 

CIC directed that PIO needs to understand that section 8 (1) (J) applies only in those cases wherein the information is sought by a third party, in the present case the information seeker is seeking her own information and in such cases the exemption cannot be applied.

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PIO not to draw inferences or make assumptions to provide information

assumptions under RTIInformation Officer is not required to furnish information which require drawing of inferences and/or making of assumptions. In the decision Kerala HC – Mohd Saiyad Vs State, decided that though RTI Act provides access to all information that is available and existing, if the information sought is not a part of the record, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast any obligation, to collect such non-available information and then furnish it to an applicant.  

The Information Officer is also not required to furnish information which require drawing of inferences and/or making of assumptions.

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