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I

Question:

If the information requested by the applicant is in the possession of the APIO should he/she not give that information to the applicant?

(Last edited: Wednesday, 18 January 2023, 2:15 PM)
Answer:

The RTI Act is meant for giving citizens easy access to information held by public authorities. There is nothing in this law to stop the APIO from giving information under his/her possession to the information requestor. As PIO is the statutorily designated officer responsible for providing information under the Act, it would be better for the APIO to forward the information under intimation to the PIO.


Question:

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.


Question:

If the same kind of information is sought by more than one person should it be made available to all such requestors?

(Last edited: Wednesday, 18 January 2023, 2:15 PM)
Answer:

Yes. Every public authority should assess the information needs of people who contact it from time to time and make available information to all requestors.


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