hai, Most of supreme court judges, CIC, PIO not going beyond RTI act sec 8 and not reading sec 8(1)(j) properly. not asking parliment or state legislature whether information sought by the RTI applicant, same information has to furnished to parliment or state legislature. There was no definition for PERSONAL information in RTI act, income tax act, or any other act, same was informed by the Central information commission,income tax dept, president office, chennai high court, supreme court and DOPT . then how can supreme court judges say it is personal information. PAN, SERVICE TAX NUMBER, TIN, ETC., are given by the public authority (not supplied by individual). so it is not personal information. INCOME TAX RETURNS, SERVICE TAX RETURNS, SALES TAX RETURNS, are filed individual, company, firm, NGO, etc. as per law. there was no provision to treat filed returns as "confidential" in relevent act. returns are filed to the public authority for larger public interest. company's income tax returns and balance sheet are in public domain. so returns are not personal information. WHETHER PIO, ELECTION COMMISSION OF INDIA, CAN REJECT RTI APPLICATION SOUGHT COPIES OF AFFAVDVIT(BOTH CRIMINAL AND MOVABLE, IMMOVABLE ASSETS) FILED BY THE INDIVIDUAL PERSON FOR CONTENSTING ELECTION (PRESIDENT, VICE PRESIDENET, MP,MLA,MLC,COUNSELLOR, PANCHYAT PRESIDENT, ETC.,) saying it containing personal information like bank account, pan number, property were held, jewelery, cash, mutual fund. WHETHER PIO, DOPT or home, CAN REJECT RTI APPLICATION SOUGHT COPIES OF immovable assets( MOVABLE, IMMOVABLE ASSETS, liabilities) FILED BY THE IAS, IPS, saying it containing personal information like bank account, property were held, jewelery, cash, mutual fund. Third party party means a person other than the citizen making a request for information and icludes a public authorities. RTI act, sec 11 (i) deals about the third party information, information supplied by the third to public authority in "CONFIDENTIAL" following procedure XXX to be followed, after that PIO has to use sec 10(1) for furnishing information. if any of below personal information sought, PIO can reject u/s 8(1)(J) Definition of personal data is very wide while compared to personal sensitive data, which is more specific and includes various types of information, Almost all the legislations examined listed the following as personal sensitive information: • racial or ethnic origin; • political affiliations or opinions; • religious affiliations and beliefs or other beliefs of a similar nature; • membership of a trade union; • physical or mental health or condition; • sexual life; and • criminal record. In addition, the following categories of information have also been treated as personal sensitive information in some jurisdictions. • Genetic information about an individual that is not otherwise health information; • Information or an opinion about an individual; • Data on a person's personality; • Private family relations; • Biometric data; the rest of information cannot be rejected by PIO, most of supreme court judges, CIC, PIO not going beyond sec 8 and not reading sec 8(1)(j) properly. not asking parliment or state legislature whether information sought by the RTI applicant, same information has to furnished to parliment or state legislature. procedureXXX | Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. | | Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure. | | Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party. | | A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision. | cic, high court of chennai, DOPT, president office, prime minister office, income tax informed there no information available regarding definition for personal information see rti reply by the PIO. . -- V.GOPALAKRISHNAN gopalakrishnanvelu.blogspot.comgopalakrishanvelu.blogspot.com
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