If the law under which a Public Sector Unit (PSU) has been constituted does not allow access to information to the people such as agendas of board meetings etc. Can such information be given under the RTI Act?
(Last edited: Wednesday, 18 January 2023, 2:15 PM)
Answer:
PSUs fall within the category of public authorities. But if an applicant seeks information about trade secrets or Intellectual Property Rights (IPRs) the disclosure of which will affect the competitive position of that PSU, such information may not be given unless there is a larger public interest involved. Even if the law constituting the PSU does not allow disclosure of certain categories of information, the RTI Act, 2005 overrides any such law in existence. Hence the designated PIO for the organization under question has to provide the information asked under RTI Act.
