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Exemptions from Disclosure under the RTI Act, 2005
The Right to Information (RTI) Act, 2005 provides citizens with the right to access information from public authorities. However, certain types of information are exempted from disclosure under Section 8 and Section 9 of the Act.
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1. Exemptions Under Section 8(1) of the RTI Act, 2005
As per Section 8(1), the following categories of information are exempted from disclosure:
1. National Security and Sovereignty (Section 8(1)(a)):
o Information that affects the sovereignty, integrity, security, strategic, scientific, or economic interests of India.
o Information that could impact relations with foreign states or lead to incitement of an offense.
2. Confidential Parliamentary & Cabinet Papers (Section 8(1)(b)):
o Information that is expressly forbidden by the Constitution or disclosure of which may cause a breach of privilege of Parliament or State Legislature.
3. Third-Party Commercial Confidence and Trade Secrets (Section 8(1)(d)):
o Includes commercial, trade secrets, intellectual property, and confidential business information, which if disclosed could harm the competitive position of a third party.
o However, such information may be disclosed if it is in the larger public interest.
4. Fiduciary Information (Section 8(1)(e)):
o Information received by the public authority in fiduciary capacity (e.g., bank records, medical records, and examiner details).
o Can be disclosed if public interest outweighs the harm to the fiduciary relationship.
5. Public Safety and Law Enforcement (Section 8(1)(g) & (h)):
o Information that may:
 Endanger the life or safety of any person.
 Identify the source of confidential information given for law enforcement purposes.
 Impede the process of an investigation, prosecution, or apprehension of offenders.
6. Personal Information (Privacy Clause) (Section 8(1)(j)):
o Personal information that has no relation to public activity or interest and would cause an unwarranted invasion of an individual’s privacy.
o However, disclosure may be allowed if it is in the larger public interest.
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2. Exemption Under Section 9: Violation of Copyright
• Section 9 prohibits disclosure of information that would infringe copyright of a person other than the State.
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3. Partial Disclosure (Section 10)
• If only part of a document is exempt, non-exempt portions should be provided after removing or blocking the exempted part.
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4. Exception to Exemptions (Section 8(2))
• If public interest outweighs the harm caused by disclosure, even exempted information can be disclosed.
• Example: If a government contract involves corruption, it may be disclosed in public interest.
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5. Organizations Exempt Under the RTI Act (Section 24)
• Certain intelligence and security organizations (like RAW, IB, CBI, NIA, etc.) are exempt from RTI, except in cases of corruption and human rights violations.
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Conclusion
• Sections 8, 9, and 24 provide clear grounds on which public authorities can deny information under the RTI Act.
• However, the public interest override (Section 8(2)) ensures transparency when disclosure is necessary for the greater good.