Scribd Logo
Upload

Welcome to Scribd!

  • 33 views

    Exemptions From Disclosure of Information

    Uploaded by

    vheejay.vkhisti1070
    The document outlines various exemptions to disclosure of information under the Right to Information Act in India. It lists 12 categories of information that are exempt, including information that would harm national security or foreign relations, breach of parliamentary privilege, harm competitive positions of third parties, endanger lives, and personal information. However, public interest can outweigh exemptions. Information more than 20 years old must generally be disclosed, except for cabinet papers. Partial disclosure is allowed if part of a record can be reasonably severed. Third parties must be notified if their confidential information could be disclosed.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd

    Exemptions From Disclosure of Information

    Uploaded by

    vheejay.vkhisti1070
    33 views26 pages
    The document outlines various exemptions to disclosure of information under the Right to Information Act in India. It lists 12 categories of information that are exempt, including information that would harm national security or foreign relations, breach of parliamentary privilege, harm competitive positions of third parties, endanger lives, and personal information. However, public interest can outweigh exemptions. Information more than 20 years old must generally be disclosed, except for cabinet papers. Partial disclosure is allowed if part of a record can be reasonably severed. Third parties must be notified if their confidential information could be disclosed.

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PPT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document outlines various exemptions to disclosure of information under the Right to Information Act in India. It lists 12 categories of information that are exempt, including information that would harm national security or foreign relations, breach of parliamentary privilege, harm competitive positions of third parties, endanger lives, and personal information. However, public interest can outweigh exemptions. Information more than 20 years old must generally be disclosed, except for cabinet papers. Partial disclosure is allowed if part of a record can be reasonably severed. Third parties must be notified if their confidential information could be disclosed.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    33 views26 pages

    Exemptions From Disclosure of Information

    Uploaded by

    vheejay.vkhisti1070
    The document outlines various exemptions to disclosure of information under the Right to Information Act in India. It lists 12 categories of information that are exempt, including information that would harm national security or foreign relations, breach of parliamentary privilege, harm competitive positions of third parties, endanger lives, and personal information. However, public interest can outweigh exemptions. Information more than 20 years old must generally be disclosed, except for cabinet papers. Partial disclosure is allowed if part of a record can be reasonably severed. Third parties must be notified if their confidential information could be disclosed.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    You are on page 1of 26

    The Right to Information Act and Exemptions from disclosure of information

    Exemptions from Disclosure of Information


    Exemption from disclosure of information There shall be no obligation to give any citizen(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence. s.8 (1)(a)

    Exemptions from Disclosure of Information

    (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.

    Exemptions from Disclosure of Information

    (c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature.

    Exemptions from Disclosure of Information

    (d) 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 of such information;

    Exemptions from Disclosure of Information

    (e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information

    Exemptions from Disclosure of Information

    (f) information received in confidence from foreign Government.

    Exemptions from Disclosure of Information

    (g) 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.

    Exemptions from Disclosure of Information

    (h) information which would impede the process of investigation or apprehension or prosecution of offenders;

    Exemptions from Disclosure of Information

    (i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers.

    Exemptions from Disclosure of Information

    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.

    Exemptions from Disclosure of Information

    (j) 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 unless the PIO is satisfied that the larger public interest justifies the disclosure of such information:

    Exemptions from Disclosure of Information

    The information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

    Exemptions from Disclosure of Information


    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, if public interest in disclosure outweighs the harm to the protected interests. s.8(2)

    Exemptions from Disclosure of Information

    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

    Exemptions from Disclosure of Information


    the decision of the Central Government shall be final on questions as to the date from which the said period of twenty years has to be computed, subject to the usual appeals. s.8(3)

    Grounds for Rejection

    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. S.9

    Grounds for Rejection


    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)

    Severability (Partial Disclosure)

    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)

    partial disclosure
    The PIO shall give a notice to the applicant informing reasons for partial disclosure, fees, appellate authority details. s.10(2)

    Third Party Information 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

    the PIO shall, within five days from the receipt of the request 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

    Exemptions

    Except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.

    Third Party

    the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.

    Third Party

    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.

    Thank You

    You might also like