APPLYING THE LAW

Responding to Requests: Clarifying a Request

When you are deciding how to respond to an application, you will first need to decide whether you have enough information to process the request. Thus, the first question you may want to ask yourself is: "Does the application contain enough details to enable me to identify what information the requester wants?"

Section 6(1) of the Central Act specifies only that the requester must specify "the particulars of the information sought by him or her".

Section 6(2) explicitly states that an applicant making a request shall not be required to give a reason for their request. It goes on to state that the requester is not even required to give "any other personal details except those that may be necessary for contacting him". This provisions is very significant because it recognises that every person has a right to access information unless an exemption applies. Their motive for wanting the information is irrelevant. You should NOT reject an application or request it to be resubmitted simply because a requester has not explained the purpose of their request.

Notably the Central Act also does not permit you to reject the application simply because you need more information to process it. Where more information is needed, you should contact the requester - ideally by telephone to save time - and ask them to clarify what they want. The key here is not to delay or avoid processing the request, but to work with the requester to make sure you are getting them what they need. In fact, good practice requires that you should assist the requester to fix their request. They can then resubmit the application - without having to pay another application fee - and you can then continue to process it.

Please click on the link to the Central RTI Act to read the detailed provisions contained in the law. Please click on the link to CHRI's State RTI pages to find out more about relevant rules and implementation in your specific State.