PSUs can keep their trade secrets out of RTI reach

NEW DELHI: Public sector units need not disclose vital information, including trade secrets and intellectual property rights (IPRs), under the Right to Information (RTI) Act since they need to safeguard their business interests, information commissioner MM Ansari has clarified.

Outlining the stand of the Central Information Commission on the issue, Mr Ansari said on Wednesday: “The Act has adequate provisions for protecting the legitimate trade secrets and IPRs that relate to the functioning of PSEs, and so far no public authority has complained that the Right to Information Act has adversely affected their performance.”

Mr Ansari said PSUs need to use the tools of information technology to introduce a regime of free-flowing information as the RTI helps in streamlining the decision-making process by making it more objective. It is a potent tool for aggrieved staff to seek information regarding their service matters using the RTI Act, he added.

It may also offer evidence that the grievance redressal mechanisms are not working. Therefore, it is necessary for PSEs to look at the way their own internal systems are functioning and make them more accountable. This will also lead to a more transparent system and corporate governance mechanisms with whistle-blowing in place.

Even private bodies are required to be accountable and people can access information about private bodies and NGOs from the respective regulatory departments/bodies, Mr Ansari said. He assure d the participating PSUs that they need not fear about disclosure of commercially-sensitive information and IPRs under the RTI Act.

SM Dewan, director general, SCOPE, in his address said that just like maintaining sovereignty is paramount for the country, a competitive edge is a must for a commercial organisation. However, issues such as what type of exemption PSUs can enjoy, in case a person seeking information has vested interests therein, needs to be addressed.

This assumes special significance as an ad hoc group of experts has asked the government to set up a screening committee to withhold commercially-sensitive information regarding PSUs from being discussed in Parliament. Information discussed in Parliament is public by nature and can be accessed and used by competitors to the detriment of the interests of the PSU concerned.

Earlier on Tuesday, chief information commissioner Wajahat Habibullah had said: “PSUs should go in for suo motu disclosures under the 17 categories of the Right to Information Act.”

The commissioner had urged PSUs to cite reasons for all their administrative and quasi-judicial decisions taken in the course of working so that the public can access the information affecting them. They were also told to modernise and computerise records.