Dear Sarbajit,
A minor correction.
In my case I was Allowed by ICAD to photograph the documents/records
inside the PA's office & NOT TO CAPTURE "electronic websites' as you
have mentioned. It's a different matter that I could not do it that
day due to some other reason.
Otherwise there is no need to take anyone's permission to capture
websites which are publicly accessible worldwide.
IMHO too Wajaahat's following order still makes some sense even today.
"There is no provision in the Act disallowing Videography, and
therefore, cannot be excluded unless it violates the parameters of any
information sought and agreed to be provided."
I expect Rakesh should try his luck with the CIC.
I also wonder whether the recordings of the 'Romps' coming under the
definition of Information.
Sidharth
On Wed, Dec 9, 2009 at 7:28 PM, sarbajitr <sroy1947@yahoo.
> Dear Shibu,
>
> Thanks a lot for constructively reminding Rakesh about
> recent changes to our group's posting rules.
> http://old.nabble.
> especially "4(e) Please state facts and clearly distinguish your facts from opinions. Be as sure of your facts as you reasonably can"
>
> Now my 2 paise worth on Rakesh's problem
>
> 1) Yes, the RTI Act 2(j)(iv) allows for obtaining a videograph of
> an existing electronic record. IC(AD) used this clause intelligently to grant Sidharth's request to capture some websites.
>
> 2) Equally the PIO is correct that he can compel you to take xerox copies of documents (which can be xeroxed) unless there is a danger to the record in question. The RTI Act provides for access to information (inspection) and the right to be provided a copy of the original record for a PRESCRIBED FEE.
>
> 3) This implies that if the PIO is prepared to allow you inspection (but not videography / photography) etc, and is willing to give you a xerox or other form of hardcopy printout at a prescribed further fee, then he has complied with the mandate of the Act. A skilled PIO will also use 7(9) to deny you information in a non-standard (ie. unprescribed) form.
>
> 4) For situations where no prescribed fee exists, it is open (by 7(9) to the PIO to get photographed or videographed the concerned MATERIAL - and debit the costs AS DETERMINED BY HIM to your account - you pay in advance. However, an applicant cannot insist on this. It is a discretionary power.
>
> 5) I recall an old order of IC(OPK) http://cic.gov.
>
> 6) IC(MLS) may not be aware of the concerned Rule which prohibits audio/video recording of CIC hearings. Recently our friend Karira (CK Jam) had posted a query on his forum wanting to know how my DDA hearing had been photographed. Upon enquiry I learnt that all the senior ICs now have NIC videoconferencing systems installed in their office which are "always On" and transmitting continuously back to NIC Bhawan for security reasons. In other words the chambers of the senior ICs are always bugged. Our old friends the "Chinese Hackers" know exactly what is going on even before parties do. It seems they have some very graphic videos (with Dolby Audio) of romps in a particular
> office :-)
>
> Sarbajit
>
> --- In rti_india@yahoogrou
> >
>
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