Right To Information Act Unit II

www.lawtool.net
Jul 6
6 min read

The Right to Information (RTI) is more than just a law; it is a powerful means for citizens to demand accountability from their governments. In an age where information is key to democracy, RTI fosters a trusting relationship between the government and its people. When citizens access information, they not only become informed but also effective participants in governance.

This post will provide an insightful overview of the RTI framework, focusing on the specific obligations of public authorities. We will discuss mandatory disclosures, the role of Public Information Officers (PIOs), the process for requesting information, and the nuances of exemptions and severability related to third-party information.

Right to Information and obligations of Public Authorities • Mandatory disclosure of Information, Public Information Officer, Request for obtaining Information and Disposal of Request • Exemption from Disclosure of Information • Severability, Third Party Information

Mandatory Disclosure of Information

Public authorities have a duty to proactively disclose key information, reducing the need for individual requests. Different RTI laws stipulate various types of information that must be disclosed, irrespective of whether a request has been made. This typically includes:

Statutory requirements such as the authority's legal obligations.
Organizational details, like the hierarchy and functions within the authority.
Operational protocols, which outline how services are provided.
Financial information, including budgets and expenditures.

For example, upcoming budgets should be available to the public within a month of approval, as mandated by the RTI provisions in several countries. By making information readily available, public authorities help Texans understand their operational processes without unnecessary bureaucracy.

Multiple access channels further enhance transparency. Citizens can obtain information through online portals, printed documents, or public kiosks, ensuring that even those without reliable internet access can participate. Regular audits help maintain compliance, ensuring that information is relevant and updated frequently.

Public Information Officer (PIO)

Public Information Officer (PIO) and Request for Information

a. Appointment of PIO (Section 5)

Every public authority shall appoint Public Information Officers (PIOs) and Assistant PIOs to provide information.
Officers are responsible for receiving and responding to requests.

b. Request for Obtaining Information (Section 6)

A person can request information by submitting a written or electronic application to the PIO.
No reason or personal details are required except contact information.
A nominal fee may be charged.

c. Disposal of Request (Section 7)

Information must be provided within 30 days.
If the information concerns life or liberty, it must be given within 48 hours.
If denied, the reasons must be communicated along with the appellate authority's details.

The Public Information Officer (PIO) serves as a key figure in the RTI framework. Every public authority must appoint a PIO to manage information requests effectively. This officer is the first point of contact for citizens seeking information and plays a vital role in simplifying the RTI process.

A trained PIO can assist citizens in filing requests by explaining what information is accessible and how to proceed. This includes coordinating with internal departments to collect and relay the information within defined timelines.

Generally, authorities are required to respond to RTI requests within 30 days. Failure to meet this deadline can lead to penalties for the PIO and undermine the Act. For instance, in India, state governments report that about 95% of requests are answered within this time frame, emphasizing the PIO's essential role in upholding RTI objectives.

Request for Obtaining Information

Filing an information request is the initial step for citizens to access public records. The process is structured to be user-friendly. Typically, a request must be submitted in writing, detailing the desired information and preferred manner of access.

Many jurisdictions now enable online requests, simplifying the procedure. Crucially, no identification or reason for the request is necessary, encouraging citizens to seek information freely. This anonymity supports greater transparency in governance.

Once a request is made, the PIO acknowledges its receipt. They must then gather the necessary information and prepare a response promptly. For instance, a citizen may request copies of local council meeting minutes to better understand their community's decision-making process.

Disposal of Request

Disposal of requests involves how public authorities respond to citizens seeking information. After receiving a request, the PIO assesses whether the requested information can be disclosed and adheres to the established timelines.

If the information is available, the PIO provides it in the requested format, whether as a hard copy, an electronic document, or an alternative format. The goal is to ensure an efficient, seamless experience for the requester.

However, for requests that involve exempt information, the PIO must explain the reasons for denial, referencing the specific clause of the RTI Act that applies. This ensures transparency surrounding non-disclosure decisions. For partial exemptions, the principle of severability allows PIOs to classify and share the non-exempt parts of the request, enhancing accessibility.

Exemption from Disclosure of Information

Exemption from Disclosure of Information (Section 8 & 9)

Certain categories of information are exempt from disclosure, such as:

Information affecting the sovereignty and integrity of India.
Information forbidden by a court of law.
Information that would cause a breach of privilege of Parliament or State Legislature.
Commercial confidence, trade secrets or intellectual property, unless larger public interest justifies disclosure.
Information received in fiduciary relationship.
Information which would endanger life or physical safety of a person.
Cabinet papers, including records of deliberations of the Council of Ministers.

Section 9 allows refusal if the disclosure infringes copyright not owned by the State.

While RTI promotes transparency, several exemptions exist to protect sensitive information. Disclosure could jeopardize national security, compromise personal privacy, or harm other vital interests. Common exemptions include:

National security matters that could endanger the safety of the nation.
Personal privacy of individuals, preventing unauthorized access to sensitive data.
Commercial secrets that may harm economic interests.

Care must be taken when invoking exemptions. Overusing these provisions can foster public distrust, contrary to the RTI's purpose. Public authorities must thoroughly justify any decision to deny a request, maintaining the balance between transparency and confidentiality.

Severability

Severability (Section 10)

If a part of the information is exempt, but the rest is disclosable, then only the exempt portion shall be redacted and the rest provided.

Severability in RTI refers to the principle that allows public authorities to separate requested information into disclosable and non-disclosable parts. When only a portion of the information is exempt, authorities must provide the non-exempt parts to the requester.

This principle promotes transparency, enabling citizens to access useful information while adhering to confidentiality requirements. PIOs should carefully assess each request, indicating what content has been removed and why. For example, if a report contains sensitive commercial data but also general trends in public spending, the PIO can disclose the trends while redacting sensitive portions.

Third Party Information

Third Party Information (Section 11)

If the requested information relates to a third party, the PIO must:
- Give written notice to the third party within 5 days.
- Consider third party’s submissions before disclosure.
- Disclose only if larger public interest justifies it.

Handling third-party information can be complex under RTI frameworks. It requires public authorities to balance disclosure against protecting third-party privacy and proprietary interests.

When a request pertains to third-party information, the authority generally consults the affected party before disclosing the information. This ensures that individuals' or entities' sensitive data remains confidential, fostering trust in the RTI system.

If the third party objects to disclosure, the public authority must evaluate whether the public interest in transparency outweighs the potential harm to the third party. This careful consideration is vital in maintaining public confidence in the RTI process, encouraging citizens to engage actively with government initiatives.

Summary Table: Right to Information Act, 2005 (Key Provisions)

Topic	Section	Description
Right to Information	Section 3	Every citizen has the right to access information under public authorities.
Obligations of Public Authorities	Section 4	Suo motu disclosure of information by public authorities to promote transparency.
PIO and Asst. PIO Appointment	Section 5	Public authorities must appoint Public Information Officers.
Request for Information	Section 6	Citizens can apply in writing or electronically for information.
Disposal of Request	Section 7	Information to be provided in 30 days (48 hrs if life/liberty involved).
Exemptions from Disclosure	Section 8	Lists grounds on which information can be withheld (e.g. national security, commercial secrets).
Refusal on Copyright Grounds	Section 9	Info may be denied if it infringes a copyright not owned by the government.
Severability	Section 10	Non-exempt parts must be disclosed even if part of the information is exempt.
Third Party Information	Section 11	Involves procedure to seek third-party opinion before disclosure.

Important Case Laws

Case Name	Key Point
CBSE v. Aditya Bandopadhyay (2011)	Citizens have the right to access evaluated answer sheets under RTI.
Union of India v. Central Information Commission (2019)	Reinforced that RTI cannot override judicial confidentiality unless public interest is proven.
Thalappalam Ser. Coop. Bank Ltd. v. State of Kerala (2013)	Clarified which bodies qualify as "public authority" under the RTI Act.
Khanapuram Gandaiah v. Administrative Officer (2010)	RTI is not a tool for asking reasons for administrative decisions.
Girish Ramchandra Deshpande v. CIC (2013)	Personal information cannot be disclosed unless larger public interest is demonstrated.

Understanding the RTI Framework

The Right to Information is a vital part of democratic governance, promoting transparency and accountability among public authorities. Recognizing the obligations of these authorities regarding mandatory disclosures and the processes for requesting information is essential for citizens aiming to engage effectively with their government.

The interplay of Public Information Officers, request processes, severability, and third-party disclosures creates a dynamic framework. With a clearer understanding of this landscape, citizens can navigate the RTI process more effectively. This, in turn, empowers them to hold public authorities accountable and advocate for transparency in governance.

Activating the full potential of the Right to Information allows citizens to contribute significantly to societal progress, reinforcing democracy and accountability for future generations.