What are the exemptions from RTI?

What the Law Says

The Right to Information Act, 2005 sets out specific categories of information that public authorities may withhold, but also provides safeguards to prevent misuse of exemptions.

Section 8 of the RTI Act, 2005 lists the grounds on which information can be denied. These include information that would prejudicially affect the sovereignty, security, strategic, scientific or economic interests of India; information forbidden by court order; commercial confidence, trade secrets or intellectual property; and information received in confidence from foreign governments.

Cabinet papers — including records of deliberations of the Council of Ministers — are exempted until a decision is taken, and remain exempt for 20 years after the decision is made. However, even exempt information must be disclosed if the public interest in disclosure outweighs the harm to protected interests (Section 8(2)).

Personal information unrelated to public activity or interest is exempt unless disclosure serves a larger public interest (Section 8(1)(j)). Additionally, Section 9 excludes information that is infringing copyright or cannot be disclosed under any other law.

Statutory Text

Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen information — (a) which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign States or lead to incitement of an offence;

— Right to Information Act, 2005, s. 8(1)(a)

Statutory Text

Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen 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 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 warrants the disclosure of such information;

— Right to Information Act, 2005, s. 8(1)(j)

Statutory Text

Notwithstanding anything contained in sub-section (1), information referred to in clause (e) of sub-section (1) of section 8 shall continue to be exempted from disclosure for a period of twenty years from the date of its creation.

— Right to Information Act, 2005, s. 8(3)

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