This office memorandum clarifies the procedure for disclosing “third party” information as per the RTI Act, 2005. It explains that if a public authority receives confidential information from another public authority, it cannot disclose this information without consulting the original public authority and following the procedure outlined in Section 11 of the Act. This consultation...
This document clarifies the procedure for disclosing information received from a “third party” under the Right to Information Act, 2005. It emphasizes that if a public authority shares confidential documents with another public authority, the receiving authority cannot disclose this information without following the procedure outlined in Section 11 of the Act. This involves inviting...
This Office Memorandum clarifies the scope of fee payment for information requests under the Right to Information Act, 2005. It addresses concerns regarding Public Information Officers (PIOs) charging fees beyond those prescribed by the Act and the Right to Information (Regulation of Fee & Cost) Rules, 2005. The document emphasizes that PIOs cannot charge any fee other than what is explicitly...
This document clarifies the scope of fee collection by Public Information Officers (PIOs) under the Right to Information Act, 2005. It addresses a recurring question regarding whether PIOs can collect fees beyond the stipulated application and photocopying charges as per Section 7(3) of the Act. The clarification emphasizes that only prescribed fees for application, photocopies, and information...
This document details a legal case where the Delhi Development Authority (DDA) challenged an order from the Central Information Commission (CIC). The DDA argued that the CIC improperly appointed an external committee to investigate the DDA’s compliance with the Right to Information (RTI) Act and that certain regulations made by the CIC were beyond its statutory powers. The High Court ruled...
This document summarizes a workshop focused on establishing a legal framework for privacy, data protection, and security in India. Key takeaways include the urgent need for comprehensive privacy legislation, the importance of balancing individual privacy with national security and legitimate data sharing needs, and the recognition that the proposed framework must be internationally acceptable...
This office memorandum clarifies the procedure for Public Information Officers (PIOs) when handling Right to Information (RTI) applications where the requested information is held by multiple public authorities. Previously, if information was partially available, PIOs were to provide what they had and advise the applicant to apply separately for the rest. If no information was available, the...
This office memorandum provides clarification regarding the handling of Right to Information (RTI) applications where the requested information is held by multiple public authorities. Previously, the guidance was that if a part of the information was available with the Public Information Officer (PIO) receiving the application, and the rest was scattered across other public authorities, the PIO...
This document discusses the need for a comprehensive data protection legislation in India. It outlines the current state of privacy laws, highlighting the lack of a general data protection statute and the reliance on judicial interpretation of fundamental rights. The paper explores the potential conflicts with existing laws, such as the Right to Information Act, and discusses various aspects of...
The Department of Personnel and Training has released a draft approach paper seeking comments on the need for legislation regarding Data Protection and Security and Privacy Norms. This initiative follows requests from Civil Society Organizations and individuals for more time to provide feedback. The paper, available on the department’s website, invites public input on key issues, including...