Exemptions from Disclosure of Information

7/30/2019 Exemptions from Disclosure of Information

1/26

The Right to Information Actand

Exemptions from disclosure of

information


2/26

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)

Exemptions from Disclosure ofInformation


3/26

(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.



4/26

(c) information, the disclosure of which would causea breach of privilege of Parliament or the State

Legislature.



5/26

(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;



6/26

(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



7/26

(f) information received in confidence fromforeign Government.



8/26

(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.



9/26

(h) information which would impede the process ofinvestigation or apprehension orprosecution of

offenders;



10/26

(i) cabinet papers including records of deliberations

of the Council of Ministers, Secretaries and other

officers.



11/26

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.



12/26

(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:



13/26

The information which cannot be denied to theParliament or a State Legislature shall not be

denied to any person.



14/26

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)



15/26

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



16/26

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)



17/26

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


18/26

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


19/26

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)


20/26

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)


21/26

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


22/26

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


23/26

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


24/26

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


25/26

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


26/26

Thank You

Exemptions from Disclosure of Information

Documents

Transcript of Exemptions from Disclosure of Information