When and how are exemption from disclosure of information provided?

Exemptions from Disclosure of Information under RTI Act

Under the Right to Information (RTI) Act, 2005, certain types of information are exempt from disclosure to protect various interests such as national security, privacy, and commercial interests. These exemptions are primarily outlined in Sections 8 and 9 of the RTI Act. Here's a detailed explanation of when and how these exemptions are applied:

Section 8: Exemptions from Disclosure of Information

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 of such information.

Section 9: Grounds for Rejection to Access in Certain Cases

Section 9 of the RTI Act provides additional grounds for rejecting requests for information. It states that a request for information may be rejected if:

1. It involves an infringement of copyright subsisting in a person other than the State.

Practical Application of Exemptions

These exemptions 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.

Public Interest Override

Despite these exemptions, the RTI Act includes a public interest override. If the competent authority is convinced that the larger public interest warrants the disclosure of exempted information, it can be disclosed. This ensures that the exemptions are not misused to withhold information that is crucial for public welfare.

Conclusion

The exemptions under the RTI Act are essential to protect sensitive information while maintaining transparency and accountability in governance. By understanding these exemptions, citizens can better navigate the RTI process and make informed requests for information.