Disclosure Exemptions under the RTI Act

Section 8 of the Right to Information Act, 2005 protects specified categories of information from compulsory disclosure. These exemptions are not all absolute: Section 8(2) permits disclosure when the public interest in disclosure outweighs the harm to protected interests.

Interests of the State and public institutions

Under Section 8(1), disclosure is not required where it would harm specified public or institutional interests.

• Clause (a) covers information affecting India's sovereignty and integrity, security, strategic, scientific or economic interests, relations with a foreign State, or information whose disclosure would incite an offence.
• Clause (b) covers information expressly forbidden from publication by a court or tribunal, or whose disclosure may constitute contempt of court.
• Clause (c) covers information whose disclosure would breach the privilege of Parliament or a State Legislature.
• Clause (f) covers information received in confidence from a foreign government.
• Clause (i) covers Cabinet papers, including records of deliberations, subject to disclosure of decisions, reasons and relevant material after the decision is taken and the matter is complete, unless another exemption applies.

Protected private, investigative and personal interests

Section 8 also protects legitimate commercial, fiduciary, safety, investigative and privacy interests.

• Clause (d) protects commercial confidence, trade secrets and intellectual property where disclosure would harm a third party's competitive position, unless larger public interest warrants disclosure.
• Clause (e) protects information available to a person in a fiduciary relationship, unless larger public interest warrants disclosure.
• Clause (g) protects information whose disclosure would endanger life or physical safety, or identify a confidential source of information or assistance given for law enforcement or security purposes.
• Clause (h) protects information whose disclosure would impede investigation, apprehension or prosecution of offenders.
• Clause (j) protects personal information unrelated to public activity or interest, or causing an unwarranted invasion of privacy, unless larger public interest justifies disclosure.

Public-interest override and time limit

• Under Section 8(2), access may be allowed despite the Official Secrets Act or Section 8 exemptions when public interest in disclosure outweighs the harm to protected interests.
• Under Section 8(3), information concerning an event occurring 20 years earlier must ordinarily be disclosed, subject to clauses (a), (c) and (i).