In the last poll we had at this group, our members overwhelmingly voted IC(MLS) and IC(ANT) as the 2 best ICs at the CIC. That this duo works magic when they sit together is demonstrated by this fantastic
decision which upholds everything that this group has been saying since inception on 3rd parties.
http://cic.gov.in/CIC-Orders/AT-22022010-01.pdf
P.P.Rajeev versus Cochin Port Trust.
This decision has pissed of the NCPRI shouting brigade to an extraordinary degree. No more will info touts and operators like Aruna Roy and Shekhar Singh etc. be able to get their pet poodle Mr.Habibullah to declare in his order that Sarbajit Roy knows nothing about 3rd party rights when it involves these info-touts and to do a 180 degree flip-flop in another case without them.
From now on NOT ONLY will the PIO have to consider 8(1)(j) before releasing personal information, he will have to test it against the "Larger public interest" as well as opposition of / confidence provided to all concerned 3rd parties.
In a carefully crafted order, M/s Tiwari and Sharma have held private information to be a subset of personal information. No personal information can only be disclosed under RTI Act unless it is connected to a public activity AND is found to be in the larger public interest. As the 3rd party can always challenge this finding (public interest) of the PIO, it is necessary for the 3rd party notice to be issued to them WHEN the PIO decides to release information to enable them to oppose disclosure.
BRAVO !!!
Sarbajit
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