Delhi High Court in its judgment dated 12th January 2010 in LPA No. 501 of 2009

0. Full Bench of the Delhi High Court in its judgment dated 12th January 2010 in LPA No. 501 of 2009 had rightly on the interpretation of word ‘held’, referred to Philip Coppel’s work ‘Information Rights’ (2 nd Edition, Thomson, Sweet & Maxwell Civil Appeal No. 10044 of 2010 & Ors. Page 24 of 108 2007) 12 interpreting the provisions of the Freedom of Information Act, 2000 (United Kingdom) in which it has been observed: “When information is “held” by a public authority For the purposes of the Freedom of Information Act 2000, information is “held” by a public authority if it is held by the authority otherwise than on behalf of another person, or if it is held by another person on behalf of the authority. The Act has avoided the technicalities associated with the law of disclosure, which has conventionally drawn a distinction between a document in the power, custody or possession of a person. Putting to one side the effects of s.3(2) (see para.9-009 below), the word “held” suggests a relationship between a public authority and the information akin to that of ownership or bailment of goods. Information: - that is, without request or arrangement, sent to or deposited with a public authority which does not hold itself out as willing to receive it and which does not subsequently use it; - that is accidentally left with a public authority; - that just passes through a public authority; or - that “belongs” to an employee or officer of a public authority but which is brought by that employee or officer onto the public authority’s premises, will, it is suggested, lack the requisite assumption by the public authority of responsibility for or dominion over the information that is necessary before it can be said that the public authority can be said to “hold” the information. …” Thereafter, the Full Bench had observed: “59. Therefore, according to Coppel the word “held” suggests a relationship between a public authority and 12 Also, see Philip Coppel, ‘Information Rights’ (4th Edition, Hart Publishing 2014) P. 361-62 Civil Appeal No. 10044 of 2010 & Ors. Page 25 of 108 the information akin to that of an ownership or bailment of goods. In the law of bailment, a slight assumption of control of the chattel so deposited will render the recipient a depository (see Newman v. Bourne and Hollingsworth (1915) 31 T.L.R. 209). Where, therefore, information has been created, sought, used or consciously retained by a public authority will be information held within the meaning of the Act. However, if the information is sent to or deposited with the public authority which does not hold itself out as willing to receive it and which does not subsequently use it or where it is accidentally left with a public authority or just passes through a public authority or where it belongs to an employee or officer of a public authority but which is brought by that employee or officer unto the public authority’s premises it will not be information held by the public authority for the lack of the requisite assumption by the public authority of responsibility for or dominion over the information that is necessary before the public authority can be said to hold the information… .” Therefore, the word “hold” is not purely a physical concept but refers to the appropriate connection between the information and the authority so that it can properly be said that the information is held by the public authority.1