Legal Tip of the Day

Informations which are exempted from disclosure under Right to
Information Act

India the biggest democracy in the world. In democracy peoples are the
masters. Therefore the masters have a right to know how the governments,
meant to serve them and are functioning. Every Citizen pay taxes,
therefore they have the right to know how their money was being spent.
The Right to Information Act, 2005 has been passed to ensure and define
the process of asking information.

There shall be no obligation to give any citizen the following
information by the government:-

1. Information, disclosure of which would prejudicially affect the
sovereignty and integrity of India, the security ,the strategic,
scientific or economic interest of the State, relation with foreign
State or lead to incitement of an offence. 2. 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. 3.
Information, the disclosure of which would cause a breach of privilege
of Parliament or the State Legislature. 4. 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 disclosures of such information. 5.
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. 6. Information received
in confidence from foreign Government. 7. Information, the
disclosure of which would endanger the life or physical safety of any
person or indentify the source of information or assistance given in
confidence for law enforcement for law enforcement or security purposes.
8. Information which would impede the process of investigation or
apprehension or prosecution of offenders. 9. 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. If those matters which
come the exemptions specified in this section shall not be disclosed.
10. 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 can not be denied
to the Parliament or a State Legislature shall not be denied to any
person.

Notwithstanding anything in the Official Secret Act, 1923 , a public
authority may allow access to information, if public interest in
disclosure outweighs the harm to the protected interests.-The Right to
Information Act, 2005

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