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
>
> He being recommended for suspension has nothing to do in this case.
> _____
>
> From: Rakesh Agarwal [mailto:rakesh@
> Sent: Wednesday, December 09, 2009 4:45 PM
> To: rti_india@yahoogrou
> Subject: RE: [rti_india] Video recording
> Sensitivity: Personal
>
> I would expect members of this group to know better. Read my email carefully. I only asked for a decision, not an advice whether video recording is an allowed way. In fact, I audio-recorded the entire proceedings of a hearing in M.L. Sharma's office after informing him.
>
> You want to see evidence of corruption on the part of the official? He has been recommended for suspension more than once but his wife's breast-cancer has evoked sympathy from those who are supposed to show him the door.
>
> I wonder how people can have so much time for unnecessary banter!
>
> From: rti_india@..
> Sent: 09 December 2009 16:29
> To: rti_india@..
> Subject: RE: [rti_india] Video recording
> Sensitivity: Personal
>
> You are not sure whether video recording is an allowed way of collecting information from public records, and you are assuming that the official is corrupt because he did not allow you to video record?
>
> _____
>
> From: Rakesh Agarwal [mailto:rakesh@
> Sent: Wednesday, December 09, 2009 4:03 PM
> To: HumJanenge@.
> Subject: [rti_india] Video recording
> Sensitivity: Personal
>
> Hi
>
> Could someone give me a decision or two of the CIC on video recording of inspection of work! I was stalled yesterday by some corrupt officials from video recording their work under RTI on an order from the FAA. Recent decisions will be more useful.
>
> Thanks in advance.
>
> Rakesh Agarwal
>
> ,_.___
>
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