What is RTI?
Right to Information Act is an act to empower the citizens of a country to seek information held by the government. In our country, the RTI was enacted on the year 2005. The aim of the act is to make the functioning of the government as transparent as possible. It also enables the citizens to know how the taxpayers’ money is spent. Any citizen with no exemption can seek information under this act.
What sort of right is RTI?
RTI is a fundamental right guaranteed by the Constitution of India. It comes under Article 19 (1) (a) of the Constitution which reads as follows:
19. Protection of certain rights regarding freedom of speech etc
1. All citizens shall have the right
(a)to freedom of speech and expression;
Who is barred from asking RTI Question?
The RTI Act says that ‘any citizen’ of this country can use RTI to get information. No one has been expressly excluded by the act from using this act i.e., the RTI act does not specifically mention that these people are barred from using this act. Even if you a government servant you can ask questions under this act. It is generally good not to mention your designation or place of working. Instead give your address of residence.
Can personal information be asked under this act?
No. If the personal information you seek for does not relate to public activity or interest or if the information sought for intrudes into the privacy (again privacy too is a fundamental right) of a person, it cannot be disclosed under this act. For example, ‘Annual Confidential Reports’ of an employee cannot be disclosed under this act. But if you are of an opinion such that the personal information you ask for serves a large public interest, you must satisfy the PIO or Appellate Authority or the Information Commission as to how the information does so.
Can information about third party be asked under this act?
According to this act, “third party means a person other than the citizen making a request for information and includes a public authority”. Regarding disclosure of information relating to or provided by the third party, the act under section 11 stipulates following conditions:
The PIO must give a written notice to the third party (about whom the question is being asked) within five days of receipt of the application
The PIO must in his written notice mention that he intends to disclose the information or a part of it and ask the third party to make submission either orally or in writhing whether the information sought for may be disclosed or not
The PIO while taking decision regarding disclosure of third party information must take into consideration the submission of the third party.
The PIO may disclose if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party except in the case of trade or commercial secrets protected by law.
