Exemptions under RTI Act

While the RTI Act promotes transparency, certain categories of information are exempted from disclosure under Sections 8 and 9 to protect national security, privacy, and other sensitive interests.

Section 8(1): Absolute and Qualified Exemptions

Clause (a) - National Security

Information affecting sovereignty and integrity of India, security, strategic, scientific, or economic interests of the state, or relation with foreign states.

Clause (b) - Contempt of Court

Information banned by court or whose disclosure would constitute contempt of court.

Clause (c) - Parliamentary/Assembly Privileges

Information that would cause breach of privilege of Parliament or State Legislature.

Clause (d) - Commercial Confidence

Trade secrets, commercial confidence, intellectual property that would harm competitive position of third party (unless public interest in disclosure).

Clause (e) - Fiduciary Relationship

Information available to public authority in fiduciary relationship (unless larger public interest).

Clause (f) - Foreign Government Information

Information received from foreign government in confidence.

Clause (g) - Safety and Security

Information that would endanger life or physical safety of any person or identify confidential source of information.

Clause (h) - Cabinet Papers

Cabinet papers including records of deliberations of Council of Ministers, Secretaries, etc. (subject to time limit - decisions are made public after decision).

Clause (j) - Personal Privacy

Personal information which has no public interest and would cause unwarranted invasion of privacy.

Partial Disclosure (Section 10)

Even if information contains exempted material, the public authority must provide the non-exempted portion after removing the exempted parts (redaction).

Third Party Information (Section 11)

If the requested information relates to a third party (person other than the applicant and the public authority), the third party must be given notice and opportunity to make representation.

Intelligence Agency Exemption (Section 24)

Certain intelligence and security organizations (listed in Second Schedule) are exempted from RTI, except for corruption and human rights violation matters.

Time Limits for Exemptions

• Exemption for cabinet papers applies for decisions not yet made public
• Once a decision is implemented, information can be disclosed
• Information exempted under (h) can be disclosed after 20 years (subject to other exemptions)

Landmark Judgments on Exemptions

• Rajya Sabha Secretariat v. UOI: Parliament is not fully exempt; information on utilization of MPLAD funds is disclosable
• Canara Bank v. UOI: Performance appraisal of judges not disclosable as it violates privacy
• RBI v. Jayantilal Mistry: RBI is a public authority; inspection reports of banks can be disclosed in public interest

What to Do if Exemption is Wrongly Claimed?

• PIO must provide reasons for refusal citing specific clause
• You can challenge the refusal in First Appeal and Second Appeal
• Information Commission can direct disclosure if it finds exemption wrongly claimed
• You can argue public interest override under Section 8(2)