PIO Refusal to Provide Information
I filed an RTI application with the PIO of a government department to get information about the details of a contract awarded to a private company. The PIO refused to provide the information, citing that it was confidential and exempt under §8(1)(d) of the RTI Act. I filed a first appeal, but the FAA upheld the PIO's decision. Now, I want to file a second appeal with the CIC. Can I challenge the PIO's decision and what are my chances of getting the information?
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Share the record to ask for, the authority to approach, or the next appeal step.
Discussion
3 repliesYou can challenge the PIO's decision in your second appeal. The CIC will consider your appeal and may ask the PIO to provide the information if it finds that the exemption claimed under §8(1)(d) is not applicable. The CIC will also consider the public interest in disclosing the information, as per §10 of the RTI Act.
The CIC has the power to inspect the records of the public authority, as per §19(8) of the RTI Act. If the CIC finds that the PIO has wrongly denied the information, it may impose a penalty under §20. However, this is subject to the CIC being satisfied that the PIO has wilfully denied the information.
In the case of Khanapuram Gandaiah (2010), the CIC held that the PIO cannot deny information under §8(1)(d) without providing sufficient reasons. You may want to cite this case in your second appeal to argue that the PIO's decision was not in accordance with the RTI Act.