Does the Act not apply to certain organizations?

Exemptions under the RTI Act

Yes, the Right to Information (RTI) Act, 2005, does not apply to certain organizations. These exemptions are primarily to protect national security, strategic interests, and sensitive information. Here are the key points:

Exempted Organizations

1. Intelligence and Security Agencies:
   • Organizations like the Intelligence Bureau (IB), Research and Analysis Wing (R&AW), and Directorate of Revenue Intelligence are exempt from the RTI Act. These agencies are listed in the Second Schedule of the Act.
   • The exemption is to ensure that sensitive information related to national security and intelligence operations is not disclosed.
2. State-Specific Exemptions:
   • State Governments have the authority to exempt certain organizations from the RTI Act. These exemptions are typically for agencies involved in maintaining public order, intelligence, and security.

Conditions for Exemption

Even for exempted organizations, the RTI Act mandates that information related to allegations of corruption and human rights violations must be provided. However, in the case of human rights violations, the information can only be disclosed with the approval of the Central Information Commission (CIC) or the State Information Commission (SIC), and such information must be provided within 45 days.

Exemptions Under Section 8

Apart from exempted organizations, Section 8 of the RTI Act outlines specific categories of information that are exempt from disclosure. These include:

• National Security: Information that could affect the sovereignty and integrity of India, its security, strategic, scientific, or economic interests, or relations with foreign states.
• Judicial Processes: Information that has been expressly forbidden to be published by any court of law or tribunal or whose disclosure may constitute contempt of court.
• Parliamentary Privilege: Information that would cause a breach of privilege of Parliament or the State Legislature.
• Commercial Confidence: Information including trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party.
• Fiduciary Relationship: Information available to a person in their fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.
• Foreign Government: Information received in confidence from a foreign government.
• Safety and Security: Information that 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.
• Investigation and Prosecution: Information which would impede the process of investigation or apprehension or prosecution of offenders.
• Cabinet Papers: Information related to Cabinet papers, including records of deliberations of the Council of Ministers, Secretaries, and other officers.
• Personal Privacy: 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.

These exemptions are designed to balance the right to information with the need to protect sensitive information and ensure the smooth functioning of government operations.