Wednesday, August 30, 2023

[rti4empowerment] Re: Amendment to Section 8(1)(j)

Yes, I have read this one, good that despite Girish Ramchandra Deshpande Karnataka High Court allowed this information to be provided, there is one recent judgement from J&K HC also declaring that information supplied by public servant is in public domain.

Pralhad Kachare 

On Wed, 30 Aug 2023, 22:12 rajesh verma, <smilingverma@yahoo.co.in> wrote:
Dear all,

An interesting judgment of the Karnataka High Court where it has been held that for working out redressal for the grievances, an employee has to have full service particulars of other employees. The bench directed that the Service particulars of colleagues to be furnished for dispute arises relating to confirmation, seniority, promotion. Girish Deshpande judgment of the Apex Court distinguished.

Dr. R. K. Verma 


On Thursday, 24 August, 2023 at 11:27:08 pm IST, 'rajesh verma' via RTI Trainers Forum <rtitrainers@googlegroups.com> wrote:


On Monday, 21 August, 2023 at 11:06:03 am IST, shailesh gandhi <shaileshgan@gmail.com> wrote:


In my opinion the original Section 8 (1)(j) exempts:

(i)     information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:

 Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person


44(3) of DPDP states:
(3) In section 8 of the Right to Information Act, 2005, in sub-section (1), for clause (j),
the following clause shall be substituted, namely:—
"(j) information which relates to personal information;".
Thus all information which can be called personal can be refused.
Mr. Zagade says this has profound implications. I agree and state that effectively RTI becomes RTD: Right to DENY Information. 
I believe we should  try and create public opinion to get back the original provision. Attaching my article on this:

Love
shailesh
If you want more information on RTI visit www.satyamevajayate.info 
All my emails are in public domain.
Mera Bharat Mahaan Nahi Hai,
Per yeh Dosh, Mera Hai
Tel: 91 8976240798




On Mon, Aug 21, 2023 at 8:23 AM Mahesh Zagade <zmahesh@hotmail.com> wrote:
The change in (j) represents a significant and far-reaching alteration, as it effectively imposes a complete prohibition on the sharing of personal information under the Right to Information Act. 
This change has profound implications for transparency and accountability, as it restricts the public's access to crucial information that is vital for holding individuals and institutions accountable. By barring the sharing of personal information, this amendment undermines the very essence of the Right to Information Act, which was designed to empower citizens with the ability to access and scrutinize government records and information.

Regards,




Mahesh Zagade, IASx,
Ex-Principal Secretary to Government of 
Maharashtra(India)



On 21-Aug-2023, at 7:44 AM, Adv. Pralhad Kachare <pkachare@gmail.com> wrote:


I have checked final copy of DPDP Act published by Mety GoI the link is below and copy is attached.


Section 44(3) 

(3) In section 8 of the Right to Information Act, 2005, in sub-section (1), for clause (j),the following clause shall be substituted, namely:—

"(j) information which relates to personal information;".


From the above what is substituted is not clear, does it mean there seems to be no damage to section 8(1)(j) as it was published in the draft bill,   apparently  ? 


***********************
Pralhad Kachare
Cell- 9422750464
***********************


<Digital Personal Data Protection Act 2023 (1).pdf>

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"Information is a source of learning. But unless it is organized, processed, and available to the right people in a format for decision making, it is a burden, not a benefit."
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