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Sunday, April 7

Information which can not be disclosed under RTI Act, 2005


There is no obligation to give any citizen:

(i) information, disclosure of which would prejudicially affect 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;

(ii) 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;

(iii) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

(iv) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless larger public interest warrants the disclosure of such information;

(v)  information available to a person in his fiduciary relationship, unless larger public interest warrants the disclosure of such information;

(vi) information received in confidence from foreign Government;

(vii) 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;

(viii) information which would impede the process of investigation or apprehension or prosecution of offenders;

(ix) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:

However 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. Further that those matters which come under the exemptions specified in this section shall not be disclosed;

(x) 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 larger public interest justifies the disclosure of such information:

However the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.



A public authority may allow access to information:

(i) if public interest in disclosure outweighs the harm to the protected interests, notwithstanding anything in the Official Secrets Act, 1923  nor any of the exemptions permissible;

(ii) Subject to the other provisions of section 8(1) (a), (c) and (i), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section

However where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.