Let me take up yr points individually
1) Yes I maintain that names / addresses of motor car owners
constitute "personal information" and/or "information with potential
to cause breach of privacy if disclosed". Hence under RTI Act a PIO
may decline to disclose such information citing the relevant
exemption. The only defence in this case is the "larger public
interest" counter at stage of first appeal.
2) As I have already said, RTI Act is not the only means to lawfully
access information from State. Many previous laws (previous to RTI
Act) already provide for information disclosure, inspection, right to
take copies etc at rates ALREADY PRESCRIBED. So where a fee of Rs.200
per car is already prescribed then the RTI Act provides that the
previous rates shall apply despite the fact that you are applying
under RTI Act 2005 :-).
Sarbajit
2011/1/18 Ashok R. Mansata <ashokaol@hotmail.com>:
> Hi Sarabjit,
> You have said that the information on Motor Car owners is personl
> information, and so it cannot be disclosed. However, the Department does
> give out information on the ownership of a car , the tax position and
> whether it is hypothecated or not, on payment of a fee of Rs.200/- per car.
> This information can be availed of by any person on payment of the fee of
> Rs.200/- per car. If the Motor Vehicles Department can give hte information
> on the payment of a fee, to people who do not resort to RTI, why cant they
> give it under the Act?
> Pl advise, Thanks,
> Ashok ( 98300-54660)
> P.S. Mr. Bhanot, can u pl give me your contact No.
>
>> Date: Fri, 14 Jan 2011 18:59:39 +0530
>> Subject: Re: [HumJanenge] Info on cars registerd in the MV dept in 2009
>> From: sroy.mb@gmail.com
>> To: humjanenge@googlegroups.com
>>
>> Dear Mr Surendra Bhanot
>>
>> You have made many sweeping assertions which do not correspond
>> with the ground realities in terms of a) citizens's experience b) CIC
>> orders c) High Court judgments/decisions.
>>
>> I therefore request you to provide the supporting basis for your
>> assertions, and so as to update my own knowledge of this subject
>>
>> Warmly
>> Sarbajit
>>
>> On Fri, Jan 14, 2011 at 2:48 PM, Surendera M. Bhanot
>> <surendera@avissoftware.com> wrote:
>> > Any information provided to the authorities in compliance of a statutory
>> > requirement is not a personal information. Only information related to
>> > commercial interest or of copy right/patent/trademark etc. cannot be
>> > disclosed.
>> >
>> > The Income Tax Returns of the people are disclosed under the the RTI.
>> > There
>> > are many examples/orders to this effect.
>> >
>> > Surendera M. Bhanot
>> > surendera@avissoft.com
>> >
>> > On Fri, Jan 14, 2011 at 11:46 AM, Sarbajit Roy <sroy.mb@gmail.com>
>> > wrote:
>> >>
>> >> Yes the PIO/FAA/CIC/SIC was justified in denying you the information.
>> >> The information requested is clearly under the scope of exemption
>> >> 8(1)(j) being personal information which can cause invasion of privacy
>> >> of individuals.
>> >>
>> >> Sarbajit
>> >>
>> >> 2011/1/11 Ashok R. Mansata <ashokaol@hotmail.com>:
>> >> > Dear Friends,
>> >> > I had made an application to the Motor Vehicles Dept asking them for
>> >> > the
>> >> > names and addresses of all the persons who had purchased cars in 2009
>> >> > and
>> >> > registered them in the MV Dept. However the information was refused.
>> >> > Even on
>> >> > a second appeal before the State Info Commissioner, the Info was
>> >> > denied
>> >> > to
>> >> > me.
>> >> > Please advise:
>> >> > a) Wes the tate Chief Info Commissioner justified in denying me the
>> >> > info?
>> >> > b) What is the remedy before me?
>> >> > Thanks,
>> >> > Ashok
>> >> >
>> >
>> >
>> >
>> > --
>> > Warm Regards
>> >
>> > Surendera M. Bhanot
>> > - President, RTI Help & Assistance Forum Chandigarh
>> > - Youth for Human Rights International YHRI - South Asia
>> > - CEO, Avis Software, Chandigarh
>> > - Convener & Life Member, Consumers Association Chandigarh
>> > - Jt. Secretary, Amateur Judo Association of Chandigarh
>> > - Member, SPACE - Society for Promotion and Conservation of Environment,
>> > Chandigarh
>> > No. 3758, Sector 22-D, Chandigarh-160022
>> > Mob: 919-888-810-811
>> > PHONE: 91-172-3013240
>> > FAX: 91-172-2655763
>> > Mail Me
>> >
>> >
>
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