Yes. Under the Right to Information Act, 2005, a Public Information Officer (PIO) can refuse to provide information if it is already available in the public domain and can be accessed by the applicant through other means. Key points: • Section 2(j) of the RTI Act defines “right to information” to include access to information held by or under the control of a public authority. • If the same information is proactively published (e.g., on the authority’s website, in a gazette, or through any other public record), the PIO may simply inform the applicant of where and how it can be accessed, instead of supplying a copy. • Denial is not absolute — the PIO must give the exact source or link so the applicant can obtain it. • If the applicant cannot reasonably access the source (e.g., due to disability, cost, or non-functioning website), the PIO should still provide the information.
Answer By AnikDear Client, Under the aegis of the RTI Act 2005, a public authority does not usually refuse to provide information that is in the public domain. But they may point you to the source where the info is available. The RTI Act’s aim is to promote transparency and accountability. The RTI definition of “information” includes records that are in the possession of or under the control of a public authority. Although the info may be made public, the public authority that has it is still the holder. The CIC has put forth this guidance. A Public Information Officer may inform the applicant of access to the info, for example, by giving out a web link or a reference to a certain publication. This is put forth as enough response, which in turn fulfils the requirement of the Act. Key Considerations: No Obligation to Re-create: The PIO does not have to produce new information or compile data that is not present in the current records. They are only to present what is already available. Voluminous Requests: If an individual requests a large amount of public info that would, in turn, overbear the public agency’s resources, the PIO may turn down the request or ask the applicant to come in and look at the documents in person. Exemptions: Information may be excluded if it is included in the provisions of sections 8 and 9 of the RTI Act, which, for instance, include what information goes into the privacy of an individual or which would endanger national security. These exemptions are applied on a case-by-case basis. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!
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