Information Not Available Through the RTI Act: Understanding Section 8 and 9

The Right to Information Act 2005 in India plays a crucial role in enabling citizens to access information held by public authorities. However, not all information is available for disclosure through this act. Sections 8 and 9 of the RTI Act provide exemptions and grounds for rejection of access requests in specific cases. This article delves into the details of these sections and highlights the key exemptions under Section 8 and the circumstances for rejection under Section 9.

Section 8: Exemptions from the Disclosure of Information

Under Section 8 of the RTI Act 2005, certain categories of information are exempt from disclosure. These exemptions are designed to protect national security, privacy, and other important public interests. The verbatim text of Section 8 is provided below:

ldquo;Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen
(a) information disclosure of which would prejudice 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
(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
(c) information the disclosure of which would cause a breach of privilege of Parliament or the State Legislature
(d) information including commercial confidence, trade secrets, or intellectual property, the disclosure of which would harm the competitive position of a third party
(e) information available to a person in his fiduciary relationship
(f) information received in confidence from a foreign government
(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
(h) information which would impede the process of investigation or apprehension or prosecution of offenders
(i) 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:
Provided
further that those matters which come under the exemptions specified in this section shall not be disclosed
(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 Central Public Information Officer or the State Public Information Officer or the appellate authority as the case may be is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.rdquo;

It is important to note that certain conditions apply to this section, such as the requirement that the larger public interest justifies disclosure in cases of personal information or fiduciary relationships. Additionally, information that cannot be denied to the Parliament or a State Legislature cannot be denied to any person.

Grounds for Rejection of Access Requests (Section 9)

Section 9 of the RTI Act 2005 provides grounds for rejection when the request for information involves an infringement of copyright held by a person other than the State. This section is worded as follows:

ldquo;Without prejudice to the provisions of Section 8, a Central Public Information Officer or a State Public Information Officer as the case may be, 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.rdquo;

This clause operates to protect the intellectual property rights of individuals and ensures that such rights are not violated through the RTI Act.

Conclusion

The Right to Information Act 2005 is a significant legislative framework for transparency and accountability in public governance. However, various exemptions and grounds for rejection ensure that certain information is protected from disclosure. Understanding these provisions helps citizens and public authorities navigate the RTI Act effectively.

Key takeaways from this article include:

The specific categories of information excluded from disclosure under Section 8 of the RTI Act 2005. The grounds for rejecting access requests due to copyright infringements mentioned in Section 9 of the act. The balance between public interest and protection of sensitive information and rights.