Thursday 9 May 2013

Accessing information from Private Organisation under RTI Act


Please refer to the following observation by Justice Ravindra Bhatt from Delhi HC made in his judgment (single bench) in the matter of asset declaration of SC Judges:

36. The definition of “information” under Section (f) is as follows:

““information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force..”

As evident, the definition is extremely wide; the crucial words are “any material in any form”. The other terms amplify these words, explaining the kind of forms that information could be held by an authority. It also includes “information relating to any private body which can be accessed by a public authority under any other law for the time being in force”. Facially, the definition comprehends all matters which fall within the expression “material in any form”. There is no justification in cutting down their amplitude by importing notions of those materials which are mandatorily held by it.

The emphasis is on the information available, having regard to the objectives of the Act; not the manner in which information is obtained or secured by the authority. Thus, inter se correspondence of public authorities may lead to exchange of information or file sharing; in the course of such consultative process, if the authority borrowing the information is possessed of it, even temporarily, it has to account for it, as it is “material” held. As far as the later part of the definition, i.e. accessing of information by or under any law, is concerned, it appears that this refers to what is with a private organization, but can be accessed by the public authority, under law. The court deduces this, because the theme is included by the conjunctive “and”; but for such inclusion, such private information would not have been subjected to the regime of the Act. Therefore, it is held that all “material in any form” includes all manner of information;

Even the words "held by" or "under the control" (Sec 2(j)) were adequately dealt with in the judgment of the Division Bench of the Delhi HC when the SC went into appeal - in the same matter of assets declaration of SC Judges:

61. The words „held by‟ or „under the control of‟ under Section 2(j) will include not
only information under the legal control of the public authority but also all such
information which is otherwise received or used or consciously retained by the
public authority in the course of its functions and its official capacity.
There are any
numbers of examples where there is no legal obligation to provide information to
public authorities, but where such information is provided, the same would be
accessible under the Act. For example, registration of births, deaths, marriages,
applications for election photo identity cards, ration cards, pan cards etc. The
interpretation of the word „held‟ suggested by the learned Attorney General, if
accepted, would render the right to information totally ineffective.

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