Section 11 is not properly drafted. There is no need to mark the RTI request as "Confidential", information "relating to any 3rd party" is suffient to invoke section 11 A notice from the PIO. To clarify with the following example.
"P/A XYZ generates a record about Mr ABC (say an Income Tax Assessment order - :-). Mr DEF (a stranger) applies for the said record. PIO must issue a third party notice to ABC before disclosing it in RTI". Sarbajit --- In [email protected], C K Jam <rtiwan...@...> wrote: > > Dear Mr Abhi, > > 1. The RTI application is a "record" or a "document" which is held by the > Public Authority > 2. The PIO's reply is also a "record" and a "document" > 3. Ditto with the First Appeal > 4. The FAA' order is a "order" as defined in Sec 2(f) > 5. The Second Appeal is "record" held by the CIC - itself a PA > 6. The CIC's decision is a "order" as defined in Sec 2(f) > > Therefore anyone can apply for these (and is bound to get them) under the RTI > Act. > > If the applicant so wishes, let him term his RTI Application as > "confidential" and submit his application to the PIO in "confidence". Then, > the PIO can invoke the third party clause and refer the applicant. > > But under which clause of Sec 8 can the PIO deny ? > > > RTIwanted > > --- On Wed, 4/22/09, abhi987 <abhi...@...> wrote: > > > > > > > > > > > > > > > > > > Hi RTIWanted, > > > > I think we need to understand one thing here, that there are two parts to > uploading a decision on internet: > > > > 1) The decision itself, and > > > > 2) The information to be (or not to be) disclosed, by virtue of the decision. > > > > The decision needs to be uploaded for one and all to share their knowledge > and interpret the various sections of the act and evolve in the process. > > > > The information to be disclosed by virtue of a decision may or may not be > uploaded in keeping with the exemptions under the act. > > > > Warm Regards, > > > > > > > > _,_._,___ > > > > > > > > > > > > > > > > > > > > > > [Non-text portions of this message have been removed] >
