The company claimed non-disclosure of data citing section 8(1)(d) of the RTI Act which exempts information from disclosure if it includes commercial confidence, trade secrets and intellectual property. But it has a rider that such details can be disclosed in larger public interest.

The Commission held, Òtoxicity and allergenicity of any product to be put on large-scale trial is a matter of overriding public interest.Ó

Activist Divya Raghunandan, in her RTI application, had sought list of field trials of genetically engineered brinjal, okra, mustard and rice approved by review committee of genetic manipulation. She also sought toxicity, allergenicity data about the products and minutes of the committee meeting.

The department had allowed disclosure of toxicity and allergenicity data but Mahyco filed an appeal with the CIC to stop the disclosure arguing that this would affect its business interests.