Restrictions on the sort of information that can be accessed through the RTI Act
There are restrictions on the information that can be accessed through an RTI application.The information which is prohibited from disclosure has been provided for in Section 8, 9 and 24 of the RTI Act.
Section 8 contains 10 exceptions, including,
(1) Information which may impair the sovereignty, integrity, security, strategic, scientific or economic interests of India; affect relations with a foreign state; incite an offence cannot be disclosed;
(2) Any information which has been prohibited from publication by any court of law or tribunal or publication of which can cause contempt of court cannot be revealed; (3) Application can also be rejected if the disclosure of information results into breach of privilege of Parliament or State Legislature;
(2) Any information which has been prohibited from publication by any court of law or tribunal or publication of which can cause contempt of court cannot be revealed; (3) Application can also be rejected if the disclosure of information results into breach of privilege of Parliament or State Legislature;
(4) If the information sorted includes commercial confidence, trade secrets or intellectual property and the disclosure of which would harm the competitive position of a third party will not be divulged unless the PIO is satisfied that larger public interest warrants the disclosure of such information;
(5) If the information asked is available because of fiduciary relation i.e. relation based on trust, then it will not be disclosed unless larger public interest is served by such disclosure;
(6) If the information has been obtained in confidence from a foreign country then it will not be disclosed;
(7) 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 is prohibited;
(8) Disclosure of information which would impede the process of investigation or apprehension or prosecution of offenders is prohibited;
(9) The cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers shall not be disclosed. However, 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;
(10) Personal information which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual shall not be disclosed unless the larger public interest justifies the disclosure of such information. Personal information would not include any information which cannot be denied to the Parliament or a State Legislature.
Any disclosure of the above mentioned exempted information shall be made if the public interest outweighs the harm to the protected interests.
Section 9 also lays down an exception. It states that a PIO may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State
Section 24 of the RTI Act security and intelligence organizations including the Intelligence Bureau, RAW, DRDO, CBI, Special Protection Group, Narcotics Control Bureau and a few paramilitary forces are exempted from providing information except when it relates to corruption or human rights violation.
