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Live Law: Karnataka: Wednesday, 18 March 2026.
कर्नाटक हाईकोर्ट ने
फैसला सुनाया कि कोई भी जीवनसाथी, दूसरे जीवनसाथी का इनकम टैक्स
रिटर्न और वित्तीय रिकॉर्ड, सूचना का अधिकार (RTI) एक्ट, 2005
के तहत आवेदन करके प्राप्त नहीं कर सकता; क्योंकि ऐसी जानकारी RTI Act की
धारा 8(1)(j) के तहत 'निजी जानकारी' मानी
जाती है, जिसे सार्वजनिक करने से छूट प्राप्त है।
बेंगलुरु में बैठी पीठ
ने अदालत के आदेश में यह टिप्पणी करते हुए गिरीश रामचंद्र देशपांडे बनाम CIC, 2012 AIR SCW 5865 मामले का हवाला दिया,
"...किसी व्यक्ति द्वारा अपने इनकम टैक्स रिटर्न में दी
गई जानकारी निजी जानकारी होती है, जिसे RTI Act की
धारा 8(1) के खंड (j)
के तहत सार्वजनिक करने
से छूट प्राप्त है, जब तक कि कोई बड़ा जनहित साबित
न हो जाए... 'बड़ा जनहित' शब्द
का अर्थ ऐसा हित है, जो विवाद में शामिल पक्षों से
परे हो और जिसका संबंध आम जनता या उसके किसी बड़े हिस्से से हो। भरण-पोषण से जुड़ा
कोई व्यक्तिगत विवाद... मुख्य रूप से जीवनसाथियों के बीच का एक निजी मामला ही रहता
है।"
हालांकि, जस्टिस
सूरज गोविंदराज ने आगे स्पष्ट किया कि जिन अदालतों में भरण-पोषण की कार्यवाही चल
रही है, वे संबंधित पक्षों की वित्तीय क्षमता का निष्पक्ष आकलन करने
के लिए इनकम टैक्स विभाग से संबंधित दस्तावेज तलब कर सकती हैं।
हालांकि अदालत ने यह
माना कि RTI आवेदन के माध्यम से केंद्रीय जन सूचना अधिकारी (CPIO) से
आय का विवरण प्राप्त नहीं किया जा सकता, क्योंकि यह 'बड़े जनहित' की
कसौटी पर खरा नहीं उतरता। फिर भी भरण-पोषण के दावों के संबंध में जीवनसाथी उन
दस्तावेजों को अदालत में पेश करवाने के लिए अदालतों का दरवाजा खटखटा सकता है।
जज ने आदेश के साथ
संलग्न परिशिष्ट में यह बात कही,
"...अदालत [भरण-पोषण मामलों की अदालतें] केवल मौखिक
बयानों या आय के संबंध में बिना पुष्टि वाले दावों के आधार पर भरण-पोषण की राशि तय
नहीं करेंगी। यदि किसी भी पक्ष की आय को लेकर विवाद है, तो
अदालत स्वतः संज्ञान लेते हुए अपनी शक्तियों का प्रयोग करके दस्तावेजी साक्ष्य तलब
कर सकती है, जिसमें इनकम टैक्स रिटर्न और संबंधित वित्तीय रिकॉर्ड
शामिल हैं..."
उपरोक्त बातों को ध्यान
में रखते हुए अदालत ने याचिका आंशिक रूप से स्वीकार किया और पत्नी को यह
स्वतंत्रता दी कि वह भरण-पोषण के मामले की सुनवाई कर रही अदालत में जाकर अपने पति
के वित्तीय रिकॉर्ड का आकलन करने का अनुरोध कर सकती है। आयकर विभाग को IT Act, 1961
की धारा 138 के तहत भरण-पोषण न्यायालय के समक्ष वित्तीय
दस्तावेज़ प्रस्तुत करने की आवश्यकता होने की संभावना है।
हाईकोर्ट ने पति या
पत्नी में से किसी के भी वित्तीय अभिलेखों के संबंध में 'प्रस्तुतीकरण आदेश' (Production Orders) के
लिए आवेदन करने हेतु विस्तृत दिशानिर्देश भी जारी किए।
Case Title: Income Tax Officer and CPIO v. Smt.
Gulsanober Bano Zafar Ali Ansari and another
The Hindu: Jaipur: Wednesday, 18 March 2026.
The data, provided by the
Directorate of Employment, shows that as of January 14, a total of 22,21,317
candidates were registered as job seekers in district employment offices across
the State; of these, over 13.08 lakh were male, 9.12 lakh female, and 989 fell
under the 'other' category.
More than 22 lakh
unemployed youth are currently registered with employment offices across
Rajasthan, according to information obtained under the RTI Act.
It was further revealed
that no candidate was recruited in the government sector through the employment
offices in the past five years.
The data, provided by the
Directorate of Employment, shows that as of January 14, a total of 22,21,317
candidates were registered as job seekers in district employment offices across
the State. Of these, over 13.08 lakh were male, 9.12 lakh female, and 989 fell
under the 'other' category.
Among districts, Jaipur
recorded the highest number of registered unemployed people at 2.51 lakh,
followed by Alwar (1.53 lakh), Nagaur (1.34 lakh), Jhunjhunu (1.22 lakh) and
Jodhpur (86,320). In contrast, Jaisalmer (12,031) and Pratapgarh (14,047) reported
the lowest number of registered candidates.
The category-wise data
indicates that candidates from the Other Backward Classes (OBC) form the
largest share among registered job seekers, followed by general, Scheduled
Castes (SC), Scheduled Tribes (ST) and other categories.
Placements in the private
and public sector
The data further revealed
the limited placements in the private sector during the past five years.
According to the information provided, 86 candidates were placed in 2021, 825
in 2022, three in 2023, 23 in 2024 and 71 in 2025 through employment office initiatives,
including job fairs and coordination with private companies.
"The private sector
has seen high growth in the last two decades. Investment in crores, but the
jobs provided by the directorate are miniscule. Permanent and temporary jobs in
the government sector through the directorate seem to have completely stopped.
There is a need to activate employment offices and refer candidates,"
Right to Information (RTI) applicant Chandra Shekhar Gaur said.
The RTI application had
also sought details of employment generated through investor summits held in
the State over the past two years. However, the department clarified that such
information is not related to it.
It also replied to a query
saying that the employment offices did not provide jobs in government sector in
the past five years.
A senior officer of the
Directorate of Employment said the department publishes 'Rojgar Sandesh'
fortnightly to keep job seekers aware of various government vacancies.
He said various activities
like fairs are also organised from time to time.
The official website of
the Department of Skills, Employment and Entrepreneurship in Rajasthan notes
that the Department of Employment has been catering to the needs of the job
seekers through various activities and schemes. For better coordination and speedily
execution of programmes, 'Department of Skills, Development and
Entrepreneurship' was established in May 2015.
Providing vocational
guidance about various courses and training facilities to job seekers,
submission of job seekers' list to employers, registration of unemployed youth,
organising Rozgar Melas, and assisting job seekers of weaker sections of the
society under special schemes are listed as some of the department's functions.
Business Standard: Bangladesh: Wednesday, 18 March 2026.
Bangladesh’s RTI framework
ranks highly in global legal ratings, but the prolonged vacancy in the
Information Commission has left the law without its central enforcement
mechanism
Bangladesh enacted the
Right to Information Act in 2009, granting citizens the legal right to request
information from public authorities. The law also created the Information
Commission, an independent body responsible for hearing appeals when government
agencies fail to respond to those requests.
Today, that enforcement
mechanism is largely inactive. The posts of Chief Information Commissioner and
two commissioners have remained vacant for more than 18 months, leaving the
institution without leadership.
In the absence of a
functioning commission, citizens who are denied information have limited
avenues to challenge those decisions. A recent amendment to the law introduced
several procedural changes, but the institutional gap remains.
The tenure of the last
commissioners expired, and the interim government did not appoint replacements.
The newly elected government has inherited the same vacancy. As of March 2026,
no commissioner has yet been named.
The RTI Act itself
requires the existence of a Chief Information Commissioner and two additional
commissioners. Without them, the enforcement mechanism of the law collapses.
Citizens who are denied information have nowhere to appeal.
At a press conference
earlier this month, Transparency International Bangladesh Executive Director
Iftekharuzzaman described the situation as "embarrassing".
He also said, "During
the tenure of the interim government, a number of important decisions affecting
key sectors of the state were taken without due regard for transparency. In
that context, it is perhaps not surprising that the government allowed the
Information Commission to remain unconstituted for a year and a half. However,
the continued failure to form the Information Commission, despite the legal
obligation to do so, is deeply embarrassing."
He added, "During the
Awami League's 16 years in power, the country was governed through what many
described as a system of entrenched corruption, and the Right to Information
Commission was rendered ineffective, much like several other oversight bodies.
At the same time, the governance process under the interim administration also
suffered from a lack of transparency. Until the very last moment of its tenure,
the formation of the Information Commission was deliberately delayed."
Badiul Alam Majumdar,
secretary of Citizens for Good Governance (Shujan), expressed frustration,
saying, "Transitioning from our country's long-standing culture of secrecy
to a culture of openness is a long and difficult process. In this regard, the
interim government failed to set a positive example. Despite having a legal
obligation to do so, it delayed the formation of the Information Commission for
an extended period, setting an unprecedented record."
Reality on the ground
On paper, Bangladesh's
Right to Information framework is not weak.
The Global RTI Rating,
maintained by the Centre for Law and Democracy in Canada, gives Bangladesh a
score of 107–109 out of 150, placing it 27th among 141 countries as of 2024. In
terms of legal design, the law even scores higher than countries such as Finland,
the United Kingdom, the United States and Canada.
But a law is only as
effective as the institution that enforces it.
Moreover, data from the
Right to Information portal shows how the system is currently functioning.
According to the
dashboard, a total of 27,673 RTI applications have been submitted across
Bangladesh. Yet only 121 applications have received responses so far.
Another 139 applications
remain under process, while the overwhelming majority 24,487 requests have
already exceeded the legal response deadline without resolution. In addition,
18 applications have been cancelled.
The numbers highlight a
striking imbalance between requests filed and responses delivered. In effect,
thousands of citizens have exercised their legal right to seek information, but
only a tiny fraction have received replies within the system.
The portal also indicates
that the platform has been viewed by 127,629 visitors, suggesting growing
public interest in using the law despite the system's limited responsiveness.
What the 2026 RTI
amendment introduced
The RTI Amendment
Ordinance 2026, issued earlier this year by the interim government, marked the
first significant revision of the law since its adoption in 2009.
The ordinance introduced
several changes.
It broadened the
definition of "information", strengthened provisions on proactive
disclosure, and increased penalties for non-compliance. The daily fine for
refusing to provide information was raised from Tk50 to Tk100, while the
maximum penalty increased from Tk5,000 to Tk10,000.
Taken individually, these
revisions appear reasonable. Yet they largely bypass the deeper institutional
problems that have long limited the effectiveness of the law.
One of the most debated
changes concerns the definition of information itself. The amendment expanded
the scope to include digital materials, maps, microfilms and electronically
generated records.
At the same time, it
explicitly excluded official note sheets the internal documents where
bureaucrats record discussions, recommendations and the reasoning behind
administrative decisions. For transparency advocates, this exclusion removes
precisely the records that allow citizens to understand how decisions are actually
made inside the state.
Civil society groups had
proposed much broader reforms.
In 2025, the Tottho
Odhikar Forum submitted 37 recommendations to the government. Among them were
proposals to include note sheets within the scope of the law, extend coverage
to political parties and private organisations receiving public funds, introduce
a mandatory deadline for filling vacancies in the Information Commission, and
harmonise the RTI Act with conflicting legislation such as the Official Secrets
Act.
None of these
recommendations was incorporated into the amendment.
Even the revised penalty
provisions may have limited practical impact. A maximum fine of Tk10,000 for
denying a citizen's legal right to information is unlikely to act as a strong
deterrent for public officials.
How South Asia compares
Bangladesh is not the only
South Asian country struggling with the enforcement of transparency laws. But
its current institutional vacuum is particularly severe.
India, which ranks ninth
globally in the RTI Rating, operates a multi-tiered oversight structure
consisting of a Central Information Commission and information commissions in
each state. While the institutional framework remains active, the system faces significant
delays.
As of mid-2024, more than
405,000 appeals and complaints were pending across 29 information commissions
nationwide, reflecting mounting pressure on the transparency regime despite its
continued operation.
Sri Lanka, ranked 4th
globally with a score of 131/150, offers a more encouraging model. Its
five-member RTI Commission, established under the Right to Information Act of
2016, has the power to conduct inquiries, summon witnesses under oath, and file
cases in Magistrates' Courts against officials who provide false or incomplete
information, with penalties of up to Rs50,000 or imprisonment. The
commissioners are appointed on the recommendation of the Constitutional
Council, insulating the process from executive discretion.
Nepal, ranked 23rd
globally, was the first country in South Asia to recognise the right to
information as a fundamental constitutional right. The National Information
Commission continues to process appeals and oversee compliance with the law.
"The tenure of the
last commissioners expired and the interim government did not appoint
replacements. The newly elected government has inherited the same vacancy. As
of March 2026, no commissioner has yet been named. The RTI Act itself requires
the existence of a Chief Information Commissioner and two additional
commissioners. Without them, the enforcement mechanism of the law collapses.
Citizens who are denied information have nowhere to appeal."
According to the
commission's latest annual report from November 2024, the body received 5,182
appeals during the five-year tenure of its commissioners and resolved about 95%
of them. The figures show that the commission remains institutionally active in
handling information disputes. Yet challenges persist. Reports from civil
society indicate that citizens sometimes face harassment after filing
information requests, while proactive disclosure by provincial and local
governments remains uneven.
Afghanistan presents
another notable case. According to the global RTI Rating, its Access to
Information Law ranks first in the world with a score of 139 out of 150.
Adopted in 2014 and later strengthened through amendments, the law grants broad
rights to request information and establishes detailed provisions on scope,
appeals and disclosure obligations.
In principle, any
individual can request information from public institutions under this
framework.
The RTI Rating, however,
evaluates the strength of legislation rather than its implementation.
A new government, an
unresolved vacancy and a test for Bangladesh
Bangladesh's challenge is
not writing a good transparency law. That part was largely achieved in 2009.
The real challenge is ensuring that the institution responsible for enforcing
the law actually functions.
As long as the Information
Commission remains vacant, the Right to Information Act will continue to
operate without its central pillar. Citizens may still submit requests, but
when those requests are ignored or denied, there is no authority to intervene.
In that sense, Bangladesh
today faces a simple but crucial question: whether transparency will remain a
principle written into law or become a practice backed by functioning
institutions.
Until that gap is
addressed, the country's right to information risks remaining exactly what
critics have long warned a right that exists on paper but not in practice.
The vacancy at the
Information Commission has now extended across two successive administrations.
The commissioners' terms
expired in August 2024 during the final months of the Awami League government.
The interim administration that followed the July 2024 political upheaval did
not appoint replacements, leaving the statutory body inactive.
Following the
parliamentary election held in February 2026, the Bangladesh Nationalist Party
formed the new government after securing a large parliamentary majority. The
election marked the party's return to power after nearly two decades in
opposition, ending the interim administration that had overseen the transition
following the protests that forced the previous government from office.
The new government has
inherited a number of institutional gaps created during the period of political
turbulence, including vacancies in several statutory bodies. The Information
Commission is among the most significant because its operation is directly
linked to the enforcement of the Right to Information Act.
Under the RTI Act, the
commission is responsible for hearing appeals when citizens do not receive
responses to information requests within the legally mandated timeframe. With
the commission inactive, those appeals cannot be processed, effectively removing
the final enforcement layer of the law.
The continuation of the
vacancy in the commissioners' posts means that the Right to Information
framework is currently operating without the institution designed to adjudicate
disputes and enforce compliance.
In practical terms, the
responsibility for restoring the commission now rests with the current
administration, which holds the authority to appoint new commissioners.
Times of India: Aurangabad: Tuesday, 17 March 2026.
The State Information
Commission(SIC)'s Chhatrapati Sambhajingar bench has started a special
initiative called ‘info panel at doorstep of citizens' under which a total of
1,136 second appeals were disposed of in Nanded.
Led by state information
commissioner, Prakash Indalkar, the SIC bench is holding hearings at various
places to save time and energy of applicants.
"The special hearing
programme for second appeals was organised for Nanded district from March 9 to
March 13. A total of 1,136 second appeals, and other cases related to the RTI
Act 2005 were disposed of during the programme," said an official release.
Hearing notices were
issued by the SIC to all concerned parties and a cause list, which is an
official schedule that lists the cases to be heard on a specific day, were made
available on the official website.
"Many appellants
along with public information officers and appellate officers from different
public offices expressed their gratitude towards the SIC for making special
efforts by holding district-level hearings," the SIC has said.
Under the Right to
Information (RTI) Act, 2005, a second appeal is the final administrative remedy
available to an applicant who is dissatisfied with the decision of the First
Appellate Authority (FAA). Filed under Section 19(3) of the Act, the second appeal
must be filed within 90 days from the date on which the First Appellate
Authority decision was actually received by the appellant or within 90 days
after expiry of 45 days of filing of first appeal in cases where no reply has
been received.
As per official record,
14,469 second appeals are pending with the SIC main bench and seven different benches
by Feb-end.
The Hindu: Jaipur: Tuesday, 17 March 2026.
The data, provided by the
Directorate of Employment, shows that as of January 14, a total of 22,21,317
candidates were registered as job seekers in district employment offices across
the State
More than 22 lakh
unemployed youth are currently registered with employment offices across
Rajasthan, according to information obtained under the RTI Act.
It was further revealed
that no candidate was recruited in the government sector through the employment
offices in the past five years.
The data, provided by the
Directorate of Employment, shows that as of January 14, a total of 22,21,317
candidates were registered as job seekers in district employment offices across
the State. Of these, over 13.08 lakh were male, 9.12 lakh female, and 989 fell
under the 'other' category.
Among districts, Jaipur
recorded the highest number of registered unemployed people at 2.51 lakh,
followed by Alwar (1.53 lakh), Nagaur (1.34 lakh), Jhunjhunu (1.22 lakh) and
Jodhpur (86,320). In contrast, Jaisalmer (12,031) and Pratapgarh (14,047) reported
the lowest number of registered candidates.
The category-wise data
indicates that candidates from the Other Backward Classes (OBC) form the
largest share among registered job seekers, followed by general, Scheduled
Castes (SC), Scheduled Tribes (ST) and other categories.
The data further revealed
the limited placements in the private sector during the past five years.
According to the information provided, 86 candidates were placed in 2021, 825
in 2022, three in 2023, 23 in 2024 and 71 in 2025 through employment office initiatives,
including job fairs and coordination with private companies.
"The private sector
has seen high growth in the last two decades. Investment in crores, but the
jobs provided by the directorate are minuscule. Permanent and temporary jobs in
the government sector through the directorate seem to have completely stopped.
There is a need to activate unemployment offices and refer candidates,"
Right to Information (RTI) applicant Chandra Shekhar Gaur said.
The RTI application had
also sought details of employment generated through investor summits held in
the State over the past two years. However, the department clarified that such
information is not related to it.
It also replied to a query
saying that the unemployment offices did not provide jobs in government sector
in the past five years.
The official website of
the Department of Skills, Employment and Entrepreneurship in Rajasthan notes
that the Department of Employment has been catering to the needs of the job
seekers through various activities and schemes.
For better coordination
and speedily execution of programmes, the Department of Skills, Development and
Entrepreneurship was established in May 2015. Providing vocational guidance
about various courses and training facilities to job seekers, submission of job
seekers' list to employers, registration of unemployed youth, organising Rozgar
Melas, and assisting job seekers of weaker sections of the society under
special schemes are listed as some of the department's functions.
The Times of India: Chennai: Monday, 16 March 2026.
More than two decades
after the Tamil Nadu govt first proposed creating an irrigation lake in
Thuraiyur village near Kovilpatti, an RTI application has nudged authorities to
revive the project. The commissionerate of land administration has now sought
11.88 crore from the state's water resources department to acquire land for the
project.
Records presented before
the Tamil Nadu state information commission show that the proposal dates back
to a govt order issued in 2004 by the water resources department allocating
29.41 lakh for creating a lake, with 3.35 lakh released for land acquisition.
However, the project
failed to progress for years after the initial steps. The RTI application by
Kovilpatti resident Ponnusamy in 2022 sought information on the land
acquisition and compensation to develop the irrigation lake in Thuraiyur
village. The public information officer (PIO), who is the personal assistant to
the Kovilpatti district revenue officer (DRO), did not respond to the
application or to the first appeal filed by the applicant.
Following this, Ponnusamy
approached the state information commission with a second appeal in Nov 2022.
During the first hearing
in June 2025, the PIO informed the commission that the land acquisition process
could not begin as revised land survey details were not received from the
public works department (PWD). The commission then summoned the PWD's PIO for
the next hearing.
At subsequent hearings
held in July and later months, officials informed the commission that the
Tuticorin district administration wrote to the commissioner of land
administration in Chennai on Dec 9 seeking administrative sanction to acquire
23.46 hectares of private land in Thuraiyur and Sivanthipatti villages, along
with 6.28 hectares of poramboke land, to create the irrigation lake.
Acting on directions from
the commission, the sub-collector's office reported on Feb 27 that the
commissionerate of land administration wrote to the water resources dept
secretary on Feb 18 requesting allocation of 11.88 crore to initiate land
acquisition.
The commission now
directed the sub-collector to report on the steps taken by the water resources
department secretary by June 6.
The Times of India: Chandigarh: Monday, 16 March 2026.
The Punjab State
Information Commission made it clear that public authorities cannot deny
information under the Right to Information (RTI) Act on the ground that records
are missing. Taking a serious view of such a plea by the Punjab State
Warehousing Corporation, the commission directed its managing director to look
into the matter and ensure that appropriate action is taken regarding the
missing records.
The direction was issued
by a bench of State Information Commissioner Dr Bhupinder Batth while hearing
an appeal filed by a Mohali resident seeking information from the Punjab State
Warehousing Corporation. The RTI request was pending since July 2023.
During the hearing, the
respondent department informed the commission that the information sought by
the appellant could not be located in its official records. The department
stated that the information demanded was very old and sought additional time to
trace it. The appellant was not present during the hearing, and the notice sent
to him was returned as undelivered.
After hearing the
respondent and examining the documents on record, the commission observed that
the department did not provide the requested information on the ground that the
records could not be traced. It noted that the respondent cannot evade its responsibility
to provide information merely by stating that the records cannot be located.
The commission said efforts must be made to trace the records and supply the
information sought by the applicant.
The commission granted the
respondent an opportunity either to furnish the required information to the
appellant or to submit an affidavit detailing the steps taken to locate the
missing records.
The commission also
observed that the department did not implement Section 4 of the RTI Act, 2005,
which mandates that every public authority must maintain its records duly
catalogued and indexed in a manner that facilitates access to information under
the Act. It further noted that records that are appropriate for computerisation
should be computerised within a reasonable time, subject to the availability of
resources, and connected through a network across the country on different
systems. Emphasising this provision, the commission said failure to maintain
proper records cannot be used as a ground to deny information under the RTI
Act.
In view of these
observations, the commission directed that a copy of the order be sent to the
managing director of the Punjab State Warehousing Corporation to examine the
issue, ensure necessary action regarding the missing records, and submit a
compliance report before the next hearing. Both parties were directed to appear
in person before the commission on the next date of hearing scheduled for July
9.
Holding Redlich: Queensland: Monday, 16 March 2026.
The Information Privacy
and Other Legislation Amendment Act 2023 (Qld) (IPOLA Act) made substantial
changes to both the Right to Information Act 2009 (Qld) (RTI Act) and the
Information Privacy Act 2009 (Qld) (IP Act), seeing substantial law reforms
happening over the course of 2025-26 relating to information in Queensland.
Key changes include a
Mandatory Notification of Data Breach (MNDB) scheme for Queensland government
agencies (delayed for local government until 1 July 2026), a single set of
Queensland Privacy Principles (QPPs) and broader control requirements for agencies
including a QPP Privacy Policy, Data Breach Policy and publication scheme
change.
A significant development
affecting local government lawyers in 2026 is the staggered commencement of
obligations under the IPOLA Act, some of which do not take effect until 1 July
2026. The consequence is that local councils are now entering their compliance
window for the most significant reform to Queensland's information law regime
in over a decade.
Similarly, government
owned corporations (GOCs), whilst generally being subject to the RTI Act, have
a nuanced position worth exploring.
Who must comply?
The RTI Act applies to
‘agencies’, which include departments, local government, public authority,
government owned corporation or subsidiary of a government owned corporation.
This deliberately broad
definition catches entities that may not appreciate or have tested their RTI
exposure, particularly GOC subsidiaries and local government bodies.
The fundamental threshold
question for any entity uncertain about its status is whether it is established
for a public purpose by or under an Act (section 16(1)(a)(i) – (ii) RTI Act).
Most government boards in Queensland are established for a public purpose by or
under an Act. This means that under the RTI Act, members of the public have a
right to access documents that government boards have control or possession of.
Uncertainty about whether
a body is an ‘agency’ is not a safe harbour, and entities that have
historically operated as though they are outside the RTI regime may find
themselves exposed if they have never tested that assumption.
Government owned
corporations
The classification of GOCs
under the RTI Act is one of the more nuanced areas of Queensland information
law. The basic position is clear: a GOC or its subsidiary is an agency under
the RTI Act. However, the position for some GOCs is materially qualified.
Schedule 2, Part 2 of the
RTI Act lists functions of entities to which the RTI Act does not apply.
Several GOCs are included. For these GOCs, the RTI Act only applies in relation
to their community service obligations. A GOC listed in Schedule 2, Part 2 may
not have any community service obligations. Any community service obligations a
GOC performs must be included in the GOC's statement of corporate intent, which
is prepared each financial year.
A GOC that is listed in
Schedule 2, Part 2 is largely shielded from RTI access applications, but only
in respect of its commercial functions. Where it has community service
obligations, those remain subject to the Act.
The RTI Act also provides
protection in relation to the disclosure of commercial-in-confidence
information. This is important as GOCs that operate in competitive markets are
entitled to resist disclosure of pricing strategies, contract terms and
proprietary operational information on public interest grounds.
The Publication Scheme
Obligation for GOCs
Beyond responding to
individual access applications, GOCs have a proactive disclosure obligation
administered through publication schemes. On their website, each GOC must
develop and publish the details of the information it is making available to
the public (section 21 RTI Act). As a guide, the level of disclosure in the
publication scheme should be similar to the types of information that private
sector public companies publish, for example, information which ASX-listed
companies publish on their website.
Accountability now does
not sit exclusively with the legal team. Boards and CEOs are responsible for
compliance.
Local government
Local councils are
unambiguously agencies for RTI purposes. Core obligations apply: making access
decisions within statutory timeframes, maintaining a publication scheme,
operating a disclosure log, and providing internal and external review rights.
Councils that have not
appointed a dedicated RTI officer are at risk particularly given the volume of
community and media-generated applications that flow through local government.
For local governments, the
countdown is on. The MNDB scheme commenced on 1 July 2025 for all other
agencies and will begin to apply to local government from 1 July 2026. Councils
that have not already begun implementing an MNDB-compliant data breach response
framework have less than three months to do so.
Queensland government
agencies will be required to undertake an assessment of an eligible data breach
within 30 days and notify affected individuals and the Information
Commissioner. An eligible data breach arises where there is unauthorised access
to or disclosure of personal information held by the agency. This 30-day
assessment clock begins from the moment the council has reasonable grounds to
believe an eligible data breach may have occurred, and not from confirmation of
the breach.
Agencies should also be
aware that federal privacy reforms introduced a statutory tort for serious
invasions of privacy. For local councils, which routinely hold sensitive
personal information, this tort creates a new litigation angle.
Consolidated access and
amendment processes
A further IPOLA change
affecting all agencies is the consolidation of access and amendment processes
into a single regime under the RTI Act. Applications for access to documents of
an agency and to amend personal information
are now made under the RTI Act. There continues to be no application fee for
amendment applications or for access applications limited to documents
containing the applicant's personal information.
The list of reviewable
decisions has been expanded to include one that purports to, but may not, cover
all documents in scope of an application. This makes sufficiency of search a
specific reviewable decision, which means internal reviews can be made solely
on sufficiency of search grounds. Agencies must be able to demonstrate not only
that they made a decision, but that they searched comprehensively for all
documents in scope.
Key Points for local
governments and GOCs
In light of the above,
local councils, GOCs and lawyers advising them should be pressing the
following:
For local governments
(with the 1 July 2026 MNDB deadline approaching):
- has a senior officer been
designated with responsibility for IPOLA implementation?
- is there a compliant data
breach policy and data breach response plan in place?
- has the privacy policy
been updated to align with the new Queensland Privacy Principles?
For GOCs:
- has the entity confirmed
whether it is listed in Schedule 2, Part 2 of the RTI Act, and if so, what are
its current community service obligations?
- is there a publication
scheme in place, calibrated against the ASX-disclosure benchmark?
The window for preparation
is closing. Local government lawyers should be treating the 1 July 2026 MNDB
commencement as a firm deadline requiring active project management.
Disclaimer
The information in this
article is of a general nature and is not intended to address the circumstances
of any particular individual or entity. Although we endeavour to provide
accurate and timely information, we do not guarantee that the information in this
article is accurate at the date it is received or that it will continue to be
accurate in the future.
Times of India: Silchar: Monday, 16 March 2026.
The Assam State
Information Commission has imposed a penalty of Rs 30,000 on the district
social welfare officer of Sribhumi district, SA Islam, for failing to furnish
information sought under the Right to Information (RTI) Act.
The order was passed by
state information commissioner Utpal Baruah on March 10 while hearing a
complaint filed by Silchar resident Nirupam Banerjee. According to the
commission’s order, Banerjee had sought certain information from the office of
the district social welfare officer under the RTI Act. However, the information
was allegedly not provided in a satisfactory manner, prompting the applicant to
approach the commission.
During the hearing, the
commission observed that despite being given opportunities, the concerned
officer failed to adequately justify the delay and deficiencies in providing
the information. It also noted procedural irregularities in the handling of the
RTI application and the responses submitted by the department. After examining
the records and submissions, the commission held the officer responsible for
violating provisions of the RTI Act and ordered the imposition of the penalty.
The commission directed the officer to deposit the penalty amount under the
head of account “Receipt under RTI Act” through the eGRAS portal within 30 days
and submit a copy of the receipt to the commission.
The Daily Star: Bangladesh: Sunday,
March 15, 2026.
After the first
cabinet meeting of the new BNP government on February 18, a 180-day priority
plan was announced focusing on controlling commodity prices, maintaining law
and order, stabilising supply chains, and ensuring uninterrupted gas and
electricity supply. Given the difficult inheritance from the interim
administration, setting these priorities was expected as they addressed the
immediate anxieties of ordinary households and the basic conditions for
economic stability.
However, if the
government truly intends to deliver on these commitments, and sustain public
confidence while doing so, it must tackle a less visible but more decisive
requirement: a governance system that is transparent, accountable, and
responsive to citizens. Without that foundation, even well-designed welfare
programmes can be weakened by information gaps, weak monitoring, and
administrative inertia.
In this regard, a
promising signal was when Prime Minister Tarique Rahman urged senior officials
to honour the people’s mandate sincerely. He stressed the importance of
merit-based performance, insisting that officials act in accordance with the
constitution, the laws, and the rules of business. This emphasis on rules-based
governance creates an opening to revive one of Bangladesh’s most powerful yet
chronically underused democratic instruments: the Right to Information (RTI)
Act, 2009.
Properly applied,
RTI can help the government improve service delivery, raise integrity in public
programmes, and build trust in institutions. Tragically, RTI was among the laws
most conspicuously neglected during the interim period, leaving the regime close
to paralysis. If the new government is serious about a fresh approach to
governance, reviving RTI should be among its earliest reforms.
It bears
repeating that government initiatives social safety nets, health services,
education stipends, and infrastructure often falter not because of a lack of
intent but because oversight is weak. Beneficiaries are frequently unaware of
how the programmes are designed, how resources are allocated, which criteria
apply, or who is responsible for delivery. In that vacuum, welfare policies
risk remaining promises on paper. RTI addresses this problem at its source.
When citizens can
access information about where resources go, how programmes are run, and
whether targets are met, a clear chain of positive outcomes follows:
transparent information resulting in a more informed citizenry, better
monitoring, better accountability, more effective service delivery, and
stronger trust in public institutions. RTI turns citizens from passive
recipients into constructive participants. It enables them to ask informed
questions, detect gaps between policy and practice, and press for corrective
action. Far from undermining government programmes, RTI strengthens them by
improving integrity, efficiency, and public confidence.
To that effect,
the first practical step for the BNP government will be to restore the
Information Commission immediately. During the interim period, key positions
remained vacant, leaving citizens with little recourse when authorities ignored
or obstructed requests. Backlogs grew and civic engagement declined. The
government can quickly reverse this by appointing the three designated
information commissioners, including the chief information commissioner,
through a credible and transparent process consistent with the Act. This is
urgent not only to clear pending cases but also to send a clear message to the
bureaucracy and public alike that impunity and secrecy will no longer be
acceptable.
Once a credible
commission begins working, many activists and ordinary users who have retreated
in frustration in recent months will return. That said, it is also important
that expert recommendations on the RTI (Amendment) Ordinance, 2026 are heeded
before the ordinance is passed in parliament.
The value of RTI
is best seen in outcomes. One of its strongest contributions in Bangladesh so
far has been in improving the integrity of social safety net programmes.
Citizens, often with civil society support, have used RTI to ask simple but
powerful questions: How were beneficiary lists prepared? Who participated in
the selection? What criteria were applied? Frequently, the prospect of
disclosure alone deterred nepotism and exposed irregularities, helping ensure
that limited resources reached those most in need.
RTI has also
strengthened healthcare delivery, especially for vulnerable communities.
Citizens have sought information on free medicine supplies, doctors’ attendance
records, and sanitation schedules at public facilities, often prompting
immediate corrective action once officials realised that records could be
scrutinised.
A striking
example is the Nilphamari Mother and Child Health Welfare Centre, where
beneficiaries were repeatedly told that no doctor was available and services
effectively ceased. In January 2025, an RTI request seeking the list of posted
doctors and attendance records revealed prolonged unauthorised absences. The
disclosure increased public awareness, triggered pressure for accountability,
and prompted a more responsive local administration, thus helping restore
services for mothers and children.
Similar
improvements have been documented elsewhere, reducing misuse of scholarship
funds and exposing contractors’ non-compliance in roads and highways projects.
These instances exemplify how RTI works best, not as a tool for sensational
exposure but as a mechanism of continuous correction. This means identifying
problems early, fixing them promptly, and improving systems over time.
For a government
that wants to deliver results and rebuild trust, RTI offers a constructive
pathway. It is therefore vital to establish a clear institutional focal point
within the government to engage with RTI users, civil society, and concerned
citizens so that feedback is translated into administrative improvements and
transparency becomes routine rather than exceptional. For example, citizens can
be useful allies in implementing the government’s new family card and farmer
card programmes.
The government’s
priorities cannot be achieved sustainably without transparency and
accountability. The RTI Act provides proven, practical means to bridge this
gap. By restoring the Information Commission, strengthening compliance, and
encouraging civic engagement, the new government can improve service delivery
and lay the foundations for trust-based, participatory governance.
Shamsul Bari and
Ruhi Naz are chairman and deputy director of RTI, respectively, at Research
Initiatives, Bangladesh (RIB). Email: rib@citech-bd.com.
Views expressed
in this article are the author's own.
The Times of India: Ahmedabad: Sunday,
March 15, 2026.
Details of fire
safety clearances granted by municipal bodies across Gujarat are not publicly
available. And, the Gujarat State Information Commission has directed that this
must change.
The order came on
an application filed under the Right to Information (RTI) Act by Surat resident
Arun Pathak, who had sought records of fire NOCs issued by the Surat Municipal
Corporation for new constructions between Jan 11, 2023 and June 11, 2023. The
fire department refused to provide the information, a position the commission
found had no basis in law.
During the
hearing, the commission observed that while applicants can track the status of
their fire NOC requests through an online portal, the details of NOCs that were
already granted are not available in the public domain. The commission noted
that such information is also not included in the proactive disclosure sections
of municipal websites, which are mandated under the RTI Act.
In its order, the
commission stated that the absence of publicly available records relating to
fire NOCs restricts transparency in matters concerning building safety and
regulatory compliance. It emphasised that disclosure of such information is
necessary in the interest of public safety and accountability.
The commission
further observed that there was no legal restriction preventing the fire
department from sharing the information. The information officer concerned was
directed to verify the authenticity of the documents submitted by the applicant
within a week and provide the requested details within the stipulated timeframe
after verification.
In addition, the
commission recommended that all municipal and metropolitan corporations in the
state publish details of fire NOCs on their official websites and update them
periodically. It also suggested that a standard operating procedure (SOP) be
developed for maintaining and publishing such records in a transparent manner.
The commission
directed that its order be forwarded to the urban development and urban housing
department for necessary action and implementation across civic bodies in the
state.
The Economic Times: Shimla: Sunday,
March 15, 2026.
Himachal
Pradesh's Congress government has removed the Anti-Corruption Bureau and
Vigilance Bureau from the Right to Information Act. This move prevents citizens
from seeking information on these bodies. The opposition BJP has strongly
condemned the decision. Former Chief Minister Jairam Thakur stated the action
is undemocratic and against constitutional spirit.
The Congress
government in Himachal Pradesh has excluded the Anti-Corruption Bureau (ACB)
and the Vigilance Bureau from the ambit of the RTI Act, 2005, drawing criticism
from the opposition BJP.
An order issued
on Thursday said the move was aimed at safeguarding sensitive information
during investigations. State chief secretary Sanjay Gupta said the decision was
similar to exemptions granted to central agencies such as the CBI and the
Intelligence Bureau under the RTI framework.
With the order,
citizens will not be able to seek information on the ACB and the state
Vigilance Bureau through RTI applications, except for limited disclosures in
specific cases.
The BJP
criticised the decision. "It is extremely unfortunate, undemocratic and
against the basic spirit of the Constitution. It clearly shows that the chief
minister fears transparency and is attempting to hide growing corruption in the
state," former chief minister Jairam Thakur told ET.
"Congress
leaders roam around the country with a copy of the Constitution. But when they
come to power, they themselves disregard constitutional norms and public
accountability," he added.
Times of India: Chennai: Sunday, March
15, 2026.
Tamil Nadu
Information Commission has ruled that digitized answer sheets of public
examinations are accessible under the Right to Information (RTI) Act and cannot
be withheld on the grounds of a five-day window set by the directorate of govt
examinations for applying for copies after results are declared. Noting
inconsistencies in the responses provided by the PIO and the appellate
authority, the Commission asked the public information officer to explain why a
penalty of 25,000 should not be imposed and recommended departmental action
against the appellate authority.
The order came
while disposing of an appeal filed by R Priyadarshini, whose request for copies
of her Class XII answer sheets was denied.
In 2023,
Priyadarshini sought copies of her Tamil, English, Physics, Chemistry, and
Zoology answer sheets under the RTI Act. Her application was rejected on the
ground that the directorate's five-day period for such requests had expired.
When her first appeal seeking the answer sheets free of cost was turned down
for want of a below poverty line certificate, she filed a second appeal with
the Commission.
Citing multiple
Supreme Court and Madras high court rulings, state information commissioner V P
R Ilamparithi held that answer sheets are furnishable information under the RTI
Act and must be provided upon payment of the applicable fee.
Ilamparithi,
after recording the submissions made by the PIO, said the directorate acted
with a motive to deny information and directed the PIO to furnish certified
copies of all answer sheets within a week.
The commission
has recommended the directorate of govt examinations keep digitised copies of
the answer sheets for six months instead of three months, since it involves the
career of the next generation. It directed the authorities to promptly display
on their official website that students can avail the answer sheets under the
RTI Act during the period the sheets are maintained by them.
कर्नाटक हाईकोर्ट ने
फैसला सुनाया कि कोई भी जीवनसाथी, दूसरे जीवनसाथी का इनकम टैक्स
रिटर्न और वित्तीय रिकॉर्ड, सूचना का अधिकार (RTI) एक्ट, 2005
के तहत आवेदन करके प्राप्त नहीं कर सकता; क्योंकि ऐसी जानकारी RTI Act की
धारा 8(1)(j) के तहत 'निजी जानकारी' मानी
जाती है, जिसे सार्वजनिक करने से छूट प्राप्त है।
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