Sunday, 24 March 2013

Many a times, PIO redirects applicant to website for getting information rather than himself supplying it in hard copy.


INFORMATION ON WEBSITES UNDER RTI ACT 2005

Many a times, PIO redirects applicant to website for getting information rather than himself supplying it in hard copy. You can file first appeal based on following points:

1. Even when information is available on website, CIC has directed supply of information in hard copies vide following decisions:

CIC/WB/A/2010/000167SM dated 03-06-2011
No.37/ICPB/2006 dated 26-06-2006
CIC/SG/A/2011/001755 dated 25-07-2011
CIC/SM/A/2011/001466/SG/15161 dated 12-10-2011
CIC/SG/A/2011/002686/16186 dated 08-12-2011

2. Information hosted in the website has no authenticity, as  information is liable for hacking. The said information has also no evidentiary value in courts or tribunals. Information on website can be removed and it may become difficult for information seeker to prove it later on. Websites are not updated regularly by most of public authorities.


3.  PIO has not mentioned even the exact link in website or ULR. He cannot expect information seeker to roam into entire website and locate required information.

4. As on 2010 only 15% of Indians were having access to internet and hence reference to website excludes 85% of population if website is to be accessed.

5. I had sought information while PIO has given me location of information. This is violative of RTI Act in letter and spirit.

6. It would be prudent and reasonable on your part to order PIO to get print outs from website and supply to me duly authenticated.

7. Under section 19.5 of RTI Act the onus to justify replies rests with PIO. Under section 20.1 the burden of proving that PIO acted reasonably and diligently is enjoined on the PIO. He should be put to strict test to this effect in hearing of this appeal.



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