In cases where building plans and designs of bridges or other important public structures have been requested should such information be given?
(Last edited: Thursday, 19 January 2023, 2:04 AM)
Answer:
The
Government should come out with detailed guidelines regarding the protection
available for copyrighted materials and intellectual property rights held by
public authorities. If disclosure of building plans and designs affect the
economic or security interests of the State in a prejudicial manner then such
information falls under Section 8(1)(a). But if the PIO is able to justify
before the concerned appellate authority that s/he had provided reasons for
denying access to such plans, no penalty will be imposed. The appellate
authority is appointed precisely to give quasi-judicial decisions on the finer
points of the law. Therefore, if the PIO has taken action in good faith the
appellate authority may not impose a penalty even if it decides in favour of
disclosing such plans and designs.
