exemptions from disclosure of information
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7/30/2019 Exemptions from Disclosure of Information
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The Right to Information Actand
Exemptions from disclosure of
information
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Exemption from disclosure of informationThere shall be no obligation to give any citizen-
(a) information, disclosure of which would prejudiciallyaffect the sovereignty and integrity of India, the security,
strategic, scientific oreconomic interests of the State,
relation with foreign State or lead to incitement of an
offence.
s.8 (1)(a)
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(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.
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(c) information, the disclosure of which would causea breach of privilege of Parliament or the State
Legislature.
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(d) information including commercial confidence,
trade secrets orintellectual property, thedisclosure 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;
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(e) information available to a person in his fiduciary
relationship, unless the competent authority issatisfied that the larger public interest warrants the
disclosure of such information
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(f) information received in confidence fromforeign Government.
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(g) information, the disclosure of which would
endanger the life or physical safety of any personor identify the source of information or assistance
given in confidence for law enforcement or
security purposes.
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(h) information which would impede the process ofinvestigation or apprehension orprosecution of
offenders;
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(i) cabinet papers including records of deliberations
of the Council of Ministers, Secretaries and other
officers.
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but 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.
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(j) information which relates to personal information
the disclosure of which has no relationship to anypublic activity or interest, or which would causeunwarranted invasion of the privacy of theindividual unless the PIO is satisfied that thelarger public interest justifies the disclosure ofsuch information:
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The information which cannot be denied to theParliament or a State Legislature shall not be
denied to any person.
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Notwithstanding anything in the Official Secrets
Act nor any of the exemptions permissible in
accordance with s.8 (1), a public authority may
allow access to information, ifpublic interest in
disclosure outweighs the harm to the protected
interests.
s.8(2)
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Subject to the provisions of clauses (a), (c) and (i) of s.8(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 shall be
provided to the requester
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the decision of the Central Government shall
be final on questions as to the date from
which the said period of twenty years has tobe computed, subject to the usual appeals.
s.8(3)
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PIO may reject a request for information where
such a request for providing access would
involve an infringement of copyright subsisting ina person other than the State.
S.9
Grounds for Rejection
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Where a request has been rejected , the PIO shall
communicate to the requester-
(i) the reasons for such rejection;
(ii) the period within which an appeal against such
rejection may be preferred; and
(iii) the particulars of the appellate authority. s.7(8)
Grounds for Rejection
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Access may be provided to a part of the record which does
not contain any information which is exempt from
disclosure under this Act and which can reasonably be
severed from any part that contains exempt information.
s.10(1)
Severability (Partial Disclosure)
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partial disclosure
The PIO shall give a notice to the applicant informing
reasons forpartial disclosure, fees, appellate
authority details.
s.10(2)
Severability (Partial Disclosure)
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Third party information
Where the PIO intends to disclose any information,which relates to or has been supplied by a third
party and has been treated as confidential by that
third party
s.11
Third Party Information
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the PIO shall, within five days from the receipt of therequest give a written notice to such third party and
invite the third party to make a submission in writing or orally,
and such submission shall be kept in view while taking a
decision.
s.11
Third Party Information
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Except in the case oftrade or commercial secrets
protected by law, disclosure may be allowed if the
public interest in disclosure outweighs inimportance any possible harm or injury to the
interests of such third party.
Exemptions
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the third party shall, within ten days from the date of
receipt of such notice, be given the opportunity tomake representation against the proposed
disclosure.
Third Party
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The PIO shall, within 40 days after receipt of the
request, make a decision and give in writing the
notice of his decision to the third party.
The third party to whom the notice is given is entitled
to prefer an appeal.
Third Party
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Thank You
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