Central Information Commission

J.D.Singh Vs. Delhi Disputes Resolution Society

24.11.2015

Right to Information

RTI does not override fiduciary relationship in mediation

The Central Information Commission held that though the Right to Information Act, 2005 would override the Arbitration and Conciliation Act, 1996, Section 8 of the RTI Act did allow confidentiality in the existence of a fiduciary relationship. It cautioned, if unchecked, parties would utilise their right to information to gather information from mediation as a pre-litigation step – an exploitation not envisaged by the law. Thus, it held public interest in divulging the details of an anticipated confidential mediation was not higher than the protection of such proceedings.

Relevant

Section 8 Right to Information Act, 2005 Act

Tags : Rti fiduciary mediation spouse

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