Handling of RTI Requests Handling of RTI Requests with Case Studieswith Case Studies

RIGHT TO INFORMATION RIGHT TO INFORMATION ACT 2005ACT 2005

PURPOSEPURPOSE Transparency Transparency AccountabilityAccountability

ALL CITIZENS SHALL HAVE THE RIGHT TO INFORMATION

Came into force on 12.10.2005

Applies to?Applies to?All All citizenscitizens including including public servantspublic servants

have the right to access information have the right to access information under the control of under the control of Public AuthoritiesPublic Authorities..

Public Authority? Public Authority? Authority constituted Authority constituted byby

ConstitutionConstitution

Parliament law or State lawParliament law or State law

Govt. notificationGovt. notification

RTI includes right to:RTI includes right to: Inspect work & recordsInspect work & records

Take certified samples of materialTake certified samples of material

Take notes, extracts, certified copies of Take notes, extracts, certified copies of documents/ recordsdocuments/ records

Obtain information in the form of print Obtain information in the form of print outs, floppies, tapes, video cassettes, outs, floppies, tapes, video cassettes, other electronic modesother electronic modes

What is a “record” ?What is a “record” ?Document, manuscript, Document, manuscript, filefile

Microfilm, microfiche, fax copy of Microfilm, microfiche, fax copy of documentdocument

Any other material produced by the Any other material produced by the computer or other devicecomputer or other device

OBLIGATIONS OF PUBLIC OBLIGATIONS OF PUBLIC AUTHORITIESAUTHORITIES

Maintain Maintain records catalogued and indexedrecords catalogued and indexed computerization, networking computerization, networking for easy accessfor easy access

Publish certain Publish certain particularsparticulars within 120 days within 120 days Publish relevant facts while formulating Publish relevant facts while formulating

policiespolicies/ decisions affecting public/ decisions affecting public Provide reasons for Provide reasons for administrative/ quasi-administrative/ quasi-

judicialjudicial decisions to affected persons decisions to affected persons Suo motoSuo moto provide information ->minimize need provide information ->minimize need

for resorting to RTIfor resorting to RTI Form of dissemination-Form of dissemination- easily accessible easily accessible In 100 days, designate In 100 days, designate PIOs PIOs and and APIOsAPIOs Info should be Info should be free free or at or at cost of mediumcost of medium only only

DISSEMINATIONDISSEMINATIONNotice boardsNotice boardsNewspapersNewspapers

Public announcementsPublic announcementsMedia broadcastsMedia broadcasts

InternetInternet Inspection of officesInspection of offices

Other meansOther means

FACTORS TO CONSIDERFACTORS TO CONSIDERCost effectivenessCost effectiveness

Local languageLocal language

Most effective medium in the local Most effective medium in the local areaarea

PARTICULARS TO BE PUBLISHEDPARTICULARS TO BE PUBLISHED(to be widely disseminated(to be widely disseminated in easily accessible in easily accessible

forms and updated annually) forms and updated annually) Particulars, functions and duties of the organizationParticulars, functions and duties of the organization

Powers, duties of officers & employeesPowers, duties of officers & employees

Procedure followed in decision making including Procedure followed in decision making including channels of supervisionchannels of supervision

Norms set for discharge of functionsNorms set for discharge of functions

Rules, regulations, instructions, manuals, records usedRules, regulations, instructions, manuals, records used

Statement of categories of documents heldStatement of categories of documents held

PARTICULARS TO BE PUBLISHED PARTICULARS TO BE PUBLISHED ((contd.)contd.)

Details of arrangement of consultation/ representation Details of arrangement of consultation/ representation of public in policy formulation or implementationof public in policy formulation or implementation

Statement of boards, councils, committees constituted Statement of boards, councils, committees constituted as its part or for advising it as its part or for advising it meetings, minutes meetings, minutes accessible to public or not?accessible to public or not?

Directory of officers and employeesDirectory of officers and employees Their monthly remuneration Their monthly remuneration Budget, plans, proposed expenditureBudget, plans, proposed expenditure Particulars of concession recipientsParticulars of concession recipients Facilities available for obtaining informationFacilities available for obtaining information Name, designation, particulars of PIOName, designation, particulars of PIO Details of info held in electronic formDetails of info held in electronic form

Role of PIO and APIORole of PIO and APIOPIOPIO provides information to anyone provides information to anyone

requesting for itrequesting for it

APIOAPIO receives applications and receives applications and forwards them to PIOforwards them to PIO

To the extent possible, info should To the extent possible, info should bebe

easily accessible in electronic easily accessible in electronic

format format

with PIO.with PIO.

Functions of PIOFunctions of PIO Deal with requests for informationDeal with requests for information

Offer reasonable assistance to applicantOffer reasonable assistance to applicant

Provide access-enabling assistance to sensorily disabledProvide access-enabling assistance to sensorily disabled

Seek assistance from any other officer as considered Seek assistance from any other officer as considered necessarynecessary

Take decisions regarding revelation of 3Take decisions regarding revelation of 3rdrd party info party info

For the purpose of contravention of this act, such other For the purpose of contravention of this act, such other officer will be treated as PIO.officer will be treated as PIO.

PIO Functions: Administrative PIO Functions: Administrative viewpointviewpoint

Monitoring RTI cell workingMonitoring RTI cell workingEnsuring maintenance of RTI Cell Ensuring maintenance of RTI Cell

base recordsbase recordsCompilation & sending of RTI info to Compilation & sending of RTI info to

R.Bd. for CICR.Bd. for CICForwarding appeals (to App Auth, to Forwarding appeals (to App Auth, to

CIC)CIC)Liaison with Nodal officersLiaison with Nodal officers

FEESFEES Information should be Information should be free of costfree of cost or at or at

prescribed prescribed cost of medium/printoutcost of medium/printout

No fees are to be taken from those No fees are to be taken from those below below the poverty linethe poverty line

If If additional feesadditional fees (cost of providing info) (cost of providing info) are required, PIO has to give are required, PIO has to give calculationscalculations to information seeker, and details of to information seeker, and details of appeal rightsappeal rights

If If time limitstime limits passed , info to be given free passed , info to be given free

PRESCRIBED FEESPRESCRIBED FEESGoverned byGoverned by RTI (Regulation of Fee RTI (Regulation of Fee

and Cost) Rules, 2005and Cost) Rules, 2005

Rs.10 for applicationRs.10 for application

Rs.2 per printed pageRs.2 per printed page

Rs.50 per floppyRs.50 per floppy

REQUESTS FOR REQUESTS FOR INFORMATIONINFORMATION

Will be made to PIO/APIOWill be made to PIO/APIO Will specify info particularsWill specify info particulars To be in writing/ electronic means (if it can’t be in To be in writing/ electronic means (if it can’t be in

writing, PIO will writing, PIO will assist assist to reduce oral request to to reduce oral request to writing) writing)

In Hindi, English, Official language of the areaIn Hindi, English, Official language of the area Accompanied by prescribed feeAccompanied by prescribed fee No reason required No reason required No personal details required except for contactingNo personal details required except for contacting To be transferred to another public authority if To be transferred to another public authority if

pertains to them (pertains to them (in 5 daysin 5 days) ) applicant to be applicant to be informedinformed can be can be part part transferred transferred

DISPOSAL OF REQUESTS: DISPOSAL OF REQUESTS: TIME-TIME-FRAMEFRAME

In In 3030 days if direct to PIO days if direct to PIO In In 3535 days if through APIO days if through APIO In In 48 hours48 hours if life & liberty at stake if life & liberty at stake If redirected, in If redirected, in 55 days days If not given in time, If not given in time, deemed refuseddeemed refusedSubmission to be asked from 3Submission to be asked from 3rdrd

partyparty inin 5 5 daysdays

DISPOSAL OF REQUESTS:DISPOSAL OF REQUESTS: TIME-FRAME TIME-FRAME (contd.)(contd.)

If If further feesfurther fees required, period required, period between dispatch of request and between dispatch of request and deposit of fees will not countdeposit of fees will not count

(Further fees will only cover cost of (Further fees will only cover cost of providing the info, as prescribed)providing the info, as prescribed)

HOW TO DISPOSEHOW TO DISPOSEGive the information right awayGive the information right awayGive on payment of further feesGive on payment of further feesTransfer to another Public AuthorityTransfer to another Public AuthorityRefuse with reasons (as per Refuse with reasons (as per

exemptions in the Act)exemptions in the Act)Ask for 3Ask for 3rdrd party submission party submission further further

action thereuponaction thereupon

CASES OF REJECTIONCASES OF REJECTIONPIO has to communicatePIO has to communicate

1.1. Reasons for rejectionReasons for rejection

2.2. Allowable period of appeal Allowable period of appeal

3.3. Particulars of Appellate AuthorityParticulars of Appellate Authority

SOME EXEMPTIONSSOME EXEMPTIONS Prejudices Prejudices sovereigntysovereignty, security, scientific/economic , security, scientific/economic

interests of Indiainterests of India Forbidden to be published by Forbidden to be published by CourtCourt Breach of privilege of Breach of privilege of legislaturelegislature Impedes process of Impedes process of investigationinvestigation Reveals Reveals source source of confidential info given for law of confidential info given for law

enforcement/security purposesenforcement/security purposes Endangers Endangers life or safetylife or safety of anyone of anyone Involves infringement of Involves infringement of copyrightcopyright not held by the not held by the

StateState Cabinet papersCabinet papers

MORE EXEMPTIONSMORE EXEMPTIONS Harms competitive position of Harms competitive position of 3rd party3rd party

Information available in Information available in fiduciary relationshipfiduciary relationship

In these cases, the info may be disclosed if the In these cases, the info may be disclosed if the competent competent authorityauthority* is satisfied that the larger public interest so * is satisfied that the larger public interest so warrantswarrants

(*as defined in the Act )(*as defined in the Act )

PersonalPersonal information information unlinkedunlinked with public activity with public activity

Resulting in Resulting in invasion of privacyinvasion of privacy of individual of individual

In these cases, In these cases, PIO / Appellate AuthorityPIO / Appellate Authority may disclose the may disclose the information if the larger public interest so warrantsinformation if the larger public interest so warrants

Provisos to ExemptionsProvisos to Exemptions Information which cannot be denied Information which cannot be denied

to the to the ParliamentParliament/State Legislature /State Legislature cannot be denied to anyonecannot be denied to anyone

If If public interestpublic interest outweighs harm to outweighs harm to protected interests, Public Authority protected interests, Public Authority can allowcan allow disclosure. disclosure.

Twenty Years Ago…..Twenty Years Ago….. However, any information about events However, any information about events which happened 20 years ago is to be which happened 20 years ago is to be provided, unless the sovereignty of India or provided, unless the sovereignty of India or Breach of privilege of Parliament/legislatureBreach of privilege of Parliament/legislatureis at stake.is at stake.

Cabinet papers: always exempt.Cabinet papers: always exempt.

SEVERABILITYSEVERABILITY• If the record contains exempted If the record contains exempted

information in parts, PIO can give that information in parts, PIO can give that part part of the record which can be of the record which can be reasonably severed.reasonably severed.

• Notice has to be given to applicant Notice has to be given to applicant stating that stating that info is only partinfo is only part, reasons for , reasons for the decision, the decision, who gave the decisionwho gave the decision, , details ofdetails of fees, fees, details of right to reviewdetails of right to review including designation of App Authorityincluding designation of App Authority

THIRD PARTYTHIRD PARTY If info to be disclosed was supplied in If info to be disclosed was supplied in

confidence by a third party, then:confidence by a third party, then:1.1. In 5 days, invite submission from 3rd In 5 days, invite submission from 3rd

partyparty2.2. Submission to be in 10 daysSubmission to be in 10 days3.3. Keep submission in mind Keep submission in mind 4.4. In 40 days of receipt, take decision to In 40 days of receipt, take decision to

disclose if public interest outweighs disclose if public interest outweighs harm to 3harm to 3rdrd party party

THIRD PARTYTHIRD PARTYPOST DECISION ACTIONPOST DECISION ACTION

Give notice of decision to 3Give notice of decision to 3rdrd party, stating party, stating his appeal entitlementhis appeal entitlement

Appeal period: 30 days from orderAppeal period: 30 days from order no no proviso for late appeal in 3proviso for late appeal in 3rdrd party cases party cases

22ndnd appeal to CIC, in 90 days appeal to CIC, in 90 days

CIC will give reasonable opportunity to 3CIC will give reasonable opportunity to 3rdrd party to be heardparty to be heard

FIRST APPEALFIRST APPEAL To officer senior in rank to PIOTo officer senior in rank to PIO

To be preferred inTo be preferred in 30 30 days from days from expiry of period/ date of receipt of expiry of period/ date of receipt of decision (if good reasons, may decision (if good reasons, may accept even accept even laterlater))

GroundsGrounds Decision not received in timeDecision not received in time Aggrieved by decisionAggrieved by decision

Appeal DisposalAppeal Disposal In In 30 days30 days of receipt of appeal of receipt of appeal

May extend to May extend to 45 days with written 45 days with written reasonsreasons

Second AppealSecond AppealLies with CICLies with CIC

In 90 days (later if good reasons)In 90 days (later if good reasons)

We have to accept and forward 2We have to accept and forward 2ndnd appeals tooappeals too

Information CommissionsInformation Commissions Central-Central- Chief Information Chief Information

CommissionerCommissioner

State-State- State Chief Information State Chief Information CommissionerCommissioner

POWERS OF I C sPOWERS OF I C s Receive complaints regardingReceive complaints regarding1.1. No PIO appointedNo PIO appointed2.2. PIO refused to accept application for info PIO refused to accept application for info or appeal to AA or CICor appeal to AA or CIC3.3. Refused accessRefused access4.4. Time limit expired & no responseTime limit expired & no response5.5. Unreasonable feeUnreasonable fee6.6. Info incomplete or falseInfo incomplete or false7.7. Any other matter of RTIAny other matter of RTI Can initiate inquiryCan initiate inquiry Has powers like Civil CourtHas powers like Civil Court Onus on PIO to prove refusal was justifiedOnus on PIO to prove refusal was justified

CIVIL COURT POWERS of ICCIVIL COURT POWERS of ICIC has powers like a Civil Court trying suit under Civil Procedure IC has powers like a Civil Court trying suit under Civil Procedure

Code:Code:

Summon, enforce attendanceSummon, enforce attendance Compel oral/written evidence on oathCompel oral/written evidence on oath Compel to produce documents, thingsCompel to produce documents, things Receive evidence on affidavitReceive evidence on affidavit Requisition public records from any court/officeRequisition public records from any court/office Issue summons to examine witness/documentIssue summons to examine witness/document Any other prescribed matterAny other prescribed matter

No document under the Public Authority to which the Act No document under the Public Authority to which the Act applies can be withheld from IC, notwithstanding any other applies can be withheld from IC, notwithstanding any other Act of ParliamentAct of Parliament

POWERS OF I C s (contd.)POWERS OF I C s (contd.)Can require the Public Authority toCan require the Public Authority to Provide information in particular formProvide information in particular form Appoint PIOAppoint PIO Publish certain infoPublish certain info Change practices relating to record Change practices relating to record

managementmanagement Enhance provision of training on RTIEnhance provision of training on RTI Compensate complainantCompensate complainant Provide annual reportProvide annual report

I C can impose penaltiesI C can impose penalties

PENALTIESPENALTIESIF PIO WITHOUT REASONABLE CAUSEIF PIO WITHOUT REASONABLE CAUSE Refused to receive applicationRefused to receive application Did not furnish info in timeDid not furnish info in time With malafide intention denied requestWith malafide intention denied request Knowingly gave incorrect info or destroyed Knowingly gave incorrect info or destroyed

subject infosubject info Obstructed furnishing of infoObstructed furnishing of info

Then…Then…

PENALTIES PENALTIES (contd.)(contd.) Rs.250 per dayRs.250 per day up to Rs. 25000 (max) up to Rs. 25000 (max)

till application taken/ information furnishedtill application taken/ information furnished

If PIO If PIO persistentlypersistently repeats the defined repeats the defined actions, then…actions, then…CIC can recommend CIC can recommend disciplinary actiondisciplinary action

against PIOagainst PIO

PENALTIES PENALTIES (contd.)(contd.) IC will give notice of appeal rights to IC will give notice of appeal rights to

complainant/ public authoritycomplainant/ public authorityPIO will be given reasonable PIO will be given reasonable

opportunity to be heard before opportunity to be heard before penalty impositionpenalty imposition

Burden on proving reasonableness, Burden on proving reasonableness, diligence on PIOdiligence on PIO

Protection of action taken in good faithProtection of action taken in good faith

REPORTINGREPORTINGEach dept to furnish information annually to CIC regarding:Each dept to furnish information annually to CIC regarding: No. of requests receivedNo. of requests received No. of denials, Act provisions of deial decisionsNo. of denials, Act provisions of deial decisions No of appeals to IC, nature, outcomeNo of appeals to IC, nature, outcome Particulars of disciplinary action takenParticulars of disciplinary action taken Amount of charges collectedAmount of charges collected Recommendations of reformRecommendations of reform Efforts of Public Authority to administer the ActEfforts of Public Authority to administer the Act

Based on this, report of CIC will be tabled before ParliamentBased on this, report of CIC will be tabled before Parliament

OVERRIDING EFFECT OF THE OVERRIDING EFFECT OF THE ACTACT

Over Official Secrets Act 1923Over Official Secrets Act 1923

Any other law for the time in forceAny other law for the time in force

Any instrument having effect by Any instrument having effect by virtue of any law other than this Actvirtue of any law other than this Act

Freedom of Info Act 2002 repealedFreedom of Info Act 2002 repealed

TO BE DONE…TO BE DONE…Analyze RTI implications in day-to-Analyze RTI implications in day-to-

day working, notingsday working, notingsFiling policy and systematic Filing policy and systematic

implementationimplementationPhysical maintenance of recordsPhysical maintenance of recordsComputerisation- info retrievalComputerisation- info retrievalRTI dealing machinery in all deptsRTI dealing machinery in all depts

TO BE DONE…(contd.)TO BE DONE…(contd.) Compilation and dissemination ofCompilation and dissemination of

Suo moto infoSuo moto info Obligatory infoObligatory info

Clarity in each dept regarding exemptable infoClarity in each dept regarding exemptable info

Process of accountal, refund of cash receiptsProcess of accountal, refund of cash receipts

Record mgmt at RTI cell for reporting to Bd, Record mgmt at RTI cell for reporting to Bd, CICCIC

TrainingTraining

RECORDS REQD. AT RTI CELLRECORDS REQD. AT RTI CELL1.1. Application Registration RegisterApplication Registration Register

Need to link cash receipt & registrationNeed to link cash receipt & registration

Establish Establish common groundcommon ground for direct, postal, email for direct, postal, email requestsrequests

Record Record numbernumber of requests for reporting of requests for reporting

Track Track historyhistory of case thru the reg. no. of case thru the reg. no.

Monitoring of Monitoring of target datetarget date with ref to cash receipt date with ref to cash receipt date (same as reg date)(same as reg date)

MORE…MORE…2.2. Rejection Register, provisions of the Rejection Register, provisions of the

Act used Act used 3.3. Appeals Register, nature, outcome Appeals Register, nature, outcome

of appealsof appeals4.4. RTI D&AR Records, CIC ordered RTI D&AR Records, CIC ordered

cases, follow up action takencases, follow up action taken5.5. Movement and accountabilityMovement and accountability6.6. Application fee, refunds, cash Application fee, refunds, cash

accountal systemaccountal system

Need to Standardize Need to Standardize Forms/ResponsesForms/Responses

ApplicationsApplications RTI Cash ReceiptsRTI Cash Receipts

Appeals to AAAppeals to AA Appeals to CICAppeals to CIC

Notice to 3Notice to 3rdrd party party Decisions to 3Decisions to 3rdrd party party

RejectionsRejections Reply to email applicationsReply to email applications

Reply to postal applicationsReply to postal applications Request for further feesRequest for further fees

Transfer case responsesTransfer case responses

Possible Structure for RTI CellPossible Structure for RTI CellRegistration SectionRegistration Section :Public Interface :Public Interface

Registration ( applications, appeals) , inward transfer Registration ( applications, appeals) , inward transfer cases, emails, postal requests, provision of info/refusal, cases, emails, postal requests, provision of info/refusal, Application & Rejection recordsApplication & Rejection records

Cash counterCash counter: : Fee collection, accountal, refund, Fee collection, accountal, refund, recordsrecords

Info processing: Info processing: putting up requests, liaison with putting up requests, liaison with nodal officers, arranging inspections, appeals, outward nodal officers, arranging inspections, appeals, outward transfers, 3transfers, 3rdrd party, related records party, related records

Efficiency: Efficiency: compilation, reporting, monitoringcompilation, reporting, monitoring

THANK YOU THANK YOU FOR YOUR FOR YOUR PATIENCE!PATIENCE!