SEC.1
THE GAZETTE OF INDIA EXTRAORDINARY
9
Third party
information.
9. Without prejudice to the provisions of section 8, a Central Public Information
Officer or a State Public Information Officer, as the case may be, may reject a request
for information where such a request for providing access would involve an
infringement of copyright subsisting in a person other than the State.
10.
(1)
Where a request for access to information is rejected on the ground that it is in
relation to information which is exempt from disclosure, then, notwithstanding
anything contained in this Act, access may be provided to that part of the record which
does not contain any information which is exempt from disclosure under this Act and
which can reasonably be severed from
any part that contains exempt information.
(2)
Where access is granted to a part of the record under sub-section
(1),
the
may be, shall give a notice to the applicant, informing—
(a)
that only part of the record requested, after severance of the
record containing information which is exempt from disclosure, is being
provided;
(b)
the reasons for the decision, including any findings on any
material question of fact, referring to the material on which those
findings were based;
(c)
the name and designation of the person giving the decision;
(d)
the details of the fees calculated by him or her and the amount
of fee which the applicant is required to deposit; and
(e)
his or her rights with respect to review of the decision
regarding non-disclosure of part of the information, the amount of fee
charged or the form of access provided, including the particulars of the
senior officer specified under sub-section
(1)
of section 19 or the
Central Information Commission or the State Information Commission,
as the case may be, time limit, process and any other form of access.
11.
(1)
Officer, as the case may be, intends to disclose any information or record, or part
thereof on a request made under this Act, which relates to or has been supplied by a
third party and has been treated as confidential by that third party, the Central Public
within five days from the receipt of the request, give a written notice to such third
Public Information Officer, as the case may be, intends to disclose the information or
record, or part thereof, and invite the third party to make a submission in writing or
orally, regarding whether the information should be disclosed, and such submission of
the third party shall be kept in view while taking a decision about disclosure of
information:
Provided that except in the case of trade or commercial secrets protected by law,
disclosure may be allowed if the public interest in disclosure outweighs in importance
any possible harm or injury to the interests of such third party.
(2)
Public Information Officer, as the case may be, under sub-section
(1)
to a third party
in respect of any information or record or part thereof, the third party shall, within ten
days from the date of receipt of such notice, be given the opportunity to make
representation against the proposed disclosure.
(3)
Notwithstanding anything contained in section 7, the Central Public
within forty days after receipt of the request under section 6, if the third party has been
given an opportunity to make representation under sub-section
(2),
make a decision as
to whether or not to disclose the information or record or part thereof and give in
Grounds for
rejection to
access in
certain cases.
Severability