tarun (Advocate) 01 September 2008

Who is Third party in case of RTI Act

I am working as CAPIO in Govt. hospital . One RTI application came regarding medical status of the Technician who has been working in Operation theater regularly.

His department HOD provided such info and in his report he mentioned that he received at letter in which he(technician) admitted and informed his disease. Now person is having some disease which will be disclosed to the applicant if provided with such information.

As he is performing such duty which will certainly affect health of others and it is public good and interest.

My query is that IS the above said (technician) is third party in RTI application?

Whether he can be asked to provide his personal medical status (which might constitutes privacy of person)?

I need more and more information about Third parties in case of RTi cases . Plz guide ,help or suggest some good source .

Thanks

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5 Replies

N.K.Assumi (Advocate) 01 September 2008

third party under RTI mean those which is in Government domain or which government can obtain information through other laws or rules.

ca.bhupendrashah (FCADISA) 01 September 2008

read booklet on RTI published by bombay C.A society.

J. P. Shah (RTI & CONSUMER ACTIVIST) 01 September 2008

The technician is a third party and his consent has to be obtained to part with his personal info, unless public interest outweighs for such disclosure. Pl refer section 11 of RTI act. U can also search decisions of Central Info Commission by visiting its website for third party info.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 14 September 2008

Dear Tarun and All friends,

Facts of the matter :

1. Technician is working in Govt. hospital.

- Thus the technician comes under the defination of a "Public servant", as defined u/s 21 IPC.

- Public servant is open for inquiry/scrutiny under the RTI Act and as defined under chapter IX & XI of the IPC.

2. Tehnician was appointed in Govt. Hospital, under the service rules & procedures of the Govt. The appointment papers, service records, medical records etc... are in possession of the Govt. record office. These papers / documents NOW come within the classification of "Public documents".

- "Public documents" are not classified as "private documents"

- Under RTI, the applicant is RIGHTfully entitled to inspection and obtain certified copies of ANY & ALL "public documents" excluding information u/s 8 of the RTI Act.

- Thus anybody is entitled to information / copies of ANY & ALL public documents.

As far as "Public Documents" are concerned, there is no question of "third party" rights or obligations or secrecy.

BTW, RTI Act supercedes all other Acts, excluding information u/s 8 of the RTI Act.

Keep Smiling ... Hemant Agarwal

mayank shukla (legal profession) 24 October 2009

well said Hemant. RTI is a new act and let us explore all possible uses and not restrict it by our age old bias towards Official secrecy, a relic of British Raj. regards mayank shukla