What is the process for taking a decision on granting partial access to a record? Who is the authority to make this decision within a public authority?
(Last edited: Wednesday, 18 January 2023, 4:16 PM)
Answer:
Section 10(2)(b) of the RTI Act makes it clear that the PIO is not always the deciding authority for granting partial access to records that may contain exempt information. The PIO is required to give the name and designation of the person giving the decision of partial access while intimating the same to the applicant. With the exception of cases where information requested belongs to the category of personal information where the PIO has the authority to decide whether the disclosure is in the public interest [Section 8(1)(j)], it is the public authority or the competent authority which has the power to grant full access or partial access in the public interest. The Government should specify in the rules the level at which the decision to grant complete or partial access to exempt records must be taken within the public authority. Care must be taken to ensure that decisions in such cases must be taken within the time limit stipulated in the law as there is no grace period provided for this process.
