Dear Sarbajit, A minor correction.
In my case I was Allowed by ICAD to photograph the documents/records inside the PA's office & NOT TO CAPTURE "electronic websites' as you have mentioned. It's a different matter that I could not do it that day due to some other reason. Otherwise there is no need to take anyone's permission to capture websites which are publicly accessible worldwide. IMHO too Wajaahat's following order still makes some sense even today. "There is no provision in the Act disallowing Videography, and therefore, cannot be excluded unless it violates the parameters of any information sought and agreed to be provided." I expect Rakesh should try his luck with the CIC. I also wonder whether the recordings of the 'Romps' coming under the definition of Information. Sidharth On Wed, Dec 9, 2009 at 7:28 PM, sarbajitr <[email protected]> wrote: > Dear Shibu, > > Thanks a lot for constructively reminding Rakesh about > recent changes to our group's posting rules. > http://old.nabble.com/SPECIAL-NOTICE%3A--Our-Posting-Norms-p26438582.html > especially "4(e) Please state facts and clearly distinguish your facts from > opinions. Be as sure of your facts as you reasonably can" > > Now my 2 paise worth on Rakesh's problem > > 1) Yes, the RTI Act 2(j)(iv) allows for obtaining a videograph of > an existing electronic record. IC(AD) used this clause intelligently to grant > Sidharth's request to capture some websites. > > 2) Equally the PIO is correct that he can compel you to take xerox copies of > documents (which can be xeroxed) unless there is a danger to the record in > question. The RTI Act provides for access to information (inspection) and the > right to be provided a copy of the original record for a PRESCRIBED FEE. > > 3) This implies that if the PIO is prepared to allow you inspection (but not > videography / photography) etc, and is willing to give you a xerox or other > form of hardcopy printout at a prescribed further fee, then he has complied > with the mandate of the Act. A skilled PIO will also use 7(9) to deny you > information in a non-standard (ie. unprescribed) form. > > 4) For situations where no prescribed fee exists, it is open (by 7(9) to the > PIO to get photographed or videographed the concerned MATERIAL - and debit > the costs AS DETERMINED BY HIM to your account - you pay in advance. However, > an applicant cannot insist on this. It is a discretionary power. > > 5) I recall an old order of IC(OPK) > http://cic.gov.in/CIC-Orders/Decision_20122007_41.pdf where he allowed the > appellant to use his own camera to photograph an old and rare map (since the > ferro print would get damaged during xeroxing). We had discussed this on the > group at > http://old.nabble.com/Re%3A-S-O-S-%3A-Taking-Photographs-during-inspections-not-allowed-p20736942.html > > 6) IC(MLS) may not be aware of the concerned Rule which prohibits audio/video > recording of CIC hearings. Recently our friend Karira (CK Jam) had posted a > query on his forum wanting to know how my DDA hearing had been photographed. > Upon enquiry I learnt that all the senior ICs now have NIC videoconferencing > systems installed in their office which are "always On" and transmitting > continuously back to NIC Bhawan for security reasons. In other words the > chambers of the senior ICs are always bugged. Our old friends the "Chinese > Hackers" know exactly what is going on even before parties do. It seems they > have some very graphic videos (with Dolby Audio) of romps in a particular > office :-) > > Sarbajit > > --- In [email protected], Shibu Narayanan <shibu.naraya...@...> wrote: > > >
