What Information is Exempted under the Right to Information Act, 2005

The Fundamental Rights and the Right to Information both are not absolute as there are several certain restrictions on both of them.

The fundamental rights guaranteed under Article 19 Clause 1(a) are restricted under Article 19 clause 2 on the grounds of national and societal interest.

Similarly Section 8, clause 1 of Right to Information Act, 2005, contains the exemption provisions where right to information can be denied to public in the name of national security and sovereignty, national economic interests, relations with foreign states etc.


As we all know that every Public authority is duty bound to furnish the information sought in the RTI Application by any citizen.

However, PIO can deny disclosure of information on many grounds which is specifically provided under section 8 of the Right to information Act, 2005.

It is to make sure that whether an information comes within the purview of section 8 and thus exempted from disclosure under the act is decided on the basis of facts and circumstances of every case.

This is important to consider that an information is exempt or not will depend on nature of information sought for.

some information is exempt from disclosure or not, it is also decided by the consequences it will lead to after coming in public domain. 

It is also a settled position that, If a PIO denies information by considering the same as exempt under the section 8 of the Act. He must provide reasons for rejection in his reply. Don't worry, PIO can not put your RTI application straightway into the dustbin.

He is duty bound to explain in detail as to why information sought comes under the purview of Section 8 of the act or other sections.

An information can also be denied if the same is a Third Party Information i.e. which is related to a third party. However, it is again decided on the basis of the facts and circumstances of the case.

[Read: What is Third Party Information in Right to Information (RTI) Act]

In such cases, PIO give opportunity to the third party to file objections before the information is provided to the applicant.

RTI act also provides another option i.e. Doctrine of Severability. If in a RTI application few information is exempt under the act and rest of the information is not exempt.

In such a case, PIO i.e. Public information officer is duty bound to furnish that information which is not exempt. Your application can not be rejected merely on the basis that few information sought is exempt under the act.

 

8. Exemption from disclosure of information. (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,

(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

(b) information which has been expressly forbidden to be published by any Court of law or tribunal or the disclosure of which may constitute contempt of Court;

(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

(f) information received in confidence from foreign Government;

(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

(h) information which would impede the process of investigation or apprehension or prosecution of offenders;

(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:

Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;

(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section:

Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.