What are the grounds of rejection to access in certain cases?

Grounds for Rejection of RTI Requests

Under the Right to Information (RTI) Act, 2005, there are specific grounds on which a request for information can be rejected. These grounds are primarily outlined in Sections 8, 9, and 11 of the Act. Here’s a detailed explanation of these grounds:

Section 8: Exemptions from Disclosure of Information

Section 8(1) lists various categories of information that are exempt from disclosure:

1. Sovereignty and Integrity of India:

   Information that would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific, or economic interests of the state, or relations with foreign states, or lead to incitement of an offense.

2. Contempt of Court:

   Information that has been expressly forbidden to be published by any court of law or tribunal, or the disclosure of which may constitute contempt of court.

3. Breach of Parliamentary Privilege:

   Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature.

4. Commercial Confidence, Trade Secrets, and Intellectual Property:

   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.

5. Information Available to a Person in 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.

6. Information Received in Confidence from Foreign Government:

   Information received in confidence from a foreign government.

7. Endanger Life or Physical Safety:

   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.

8. Impedes the Process of Investigation:

   Information which would impede the process of investigation or apprehension or prosecution of offenders.

9. Cabinet Papers:

   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.

10. Personal Information:

    Personal information 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 is satisfied that the larger public interest justifies the disclosure.

Section 9: Grounds for Rejection to Access in Certain Cases

Section 9 provides additional grounds for rejecting requests for information:

1. Infringement of Copyright:

   A request for information may be rejected if providing access would involve an infringement of copyright subsisting in a person other than the State.

Section 11: Third Party Information

Section 11 deals with the procedure for disclosure of information that relates to or has been supplied by a third party and has been treated as confidential by that third party:

1. Third Party Consultation:

   If the Public Information Officer (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, the PIO must give a written notice to such third party within five days from the receipt of the request, inviting the third party to make a submission in writing or orally, regarding whether the information should be disclosed.

2. The third party must be given a reasonable time (not exceeding ten days) to make a representation against the proposed disclosure.

3. The PIO must consider the representation made by the third party before taking a decision on whether to disclose the information.

Practical Application

These exemptions and grounds for rejection are applied by the Public Information Officers (PIOs) and appellate authorities when processing RTI requests. The decision to withhold information must be justified by citing the relevant exemption clause. In cases where partial information can be disclosed without breaching the exemptions, the PIOs are required to provide the part of the information that is not exempt.

Conclusion

The RTI Act aims to promote transparency and accountability in the functioning of public authorities while balancing the need to protect sensitive information. Understanding the grounds for rejection helps citizens make informed requests and understand the limitations of the RTI Act.

If you have any more questions or need further clarification, feel free to ask!