CENTRAL INFORMATION COMMISSION
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F.No.CIC/AT/A/2008/00533
Dated, the 22nd October, 2008.
Appellant : Shri Manmohan Singla
Respondents : Indian Agricultural Research Institute
This matter came up for hearing on 20.10.2008. The respondents were
present through Shri N. Raja, Sr. Admn. Officer & CPIO and Dr.A.K. Ganguly,
AA, who were assisted by other officers of the public authority. Appellant was
absent in response to Commission’s notice dated 02.08.2008.
2. Through his RTI-application dated 14.12.2007, appellant had sought
certain information, a copy of which is attached to this order as Annexe.
3. He received a reply dated 11.01.2008 from the CPIO. Later on, this
matter was decided by the Appellate Authority through his order dated
16.02.2008.
4. Respondents have given to the appellant some information corresponding
to his RTI-queries but have declined to disclose the major part of the information
requested on the ground that this was the intellectual property of the Scientists,
the host Institute and the funding agency. These data, if disclosed, were likely to
be used for writing theses, research articles, training manuals, bulletins, etc.
These were also open to wrong interpretation by interested parties which had the
potential to jeopardize the interest and the reputation of the Research Institute.
The respondents had contested the appellant’s contention that PFDC, WTC was
an externally funded project of the Ministry of Agriculture and hence the Indian
citizen had the right to seek all information about the scheme in the interest of
public welfare. According to the respondents, a Research Scheme was not like
any other welfare scheme of the government. Research Schemes are founded to
generate several variety of data which are used to bring out technical
publications. They insist that regardless of who sponsors a Research Project, all
data generated in course of implementing the project comprises the Institute’s
intellectual property which cannot be shared with all and sundry. According to
the respondents, they have provided to the appellant all information which was
meant for general usage but they were not obliged to provide to the applicant
information regarding the basic experimental designs and proper research data
related to the Project.
5. This is not the first time that the Commission has been approached by an
appellant to allow him access into the research data of public authority such as
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the IARI. It has been the decision of this Commission in Rakesh Sanghi Vs.
International Advanced Research Centre for Powder Metallurgy and New
Materials; Appeal No. CIC/AT/A/2007/01363; Date of Decision: 24.04.2008 that
all research data generated by an organization known to be devoted to research
and experimentation is the intellectual property of that organization and it cannot
be allowed to be disclosed under the RTI Act. Section 8(1)(d) of the RTI Act
clearly bars disclosure of such information. Commission is fully in agreement
with the respondents that no person can be allowed to use the provisions of the
RTI Act to access available data about experimental design and statistics / data
generated through a research project. If allowed to be disclosed this has the
capacity to irreparably damage the interests of research institution. Such
institutions are entitled to exclusive control over their data and intellectual
resources and share it only with those who are entitled to access these and to be
used for the Institute’s own purposes. It shall be a travesty of justice and equity
if the data and resources painstakingly generated by scientists of research
Institute is handed over on a platter to any person who wants to have access to it
in order to use it for promoting his own interest ⎯ commercial as well as other.
This cannot be allowed.
6. In view of the above, Commission is entirely in agreement with the
respondents that the requested data cannot be disclosed to the appellant as it
attracts the exemption under Section 8(1)(d) of the RTI Act.
7. Appeal disposed of with these directions.
8. Copy of this decision be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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