Exemption of Intelligence and Security Organisations under RTI

Section 24 of the Right to Information Act, 2005 creates an organisation-based exemption for specified intelligence and security bodies. The Act generally does not apply to listed organisations or to information they furnish to the government, but the exclusion is subject to exceptions for corruption and human rights violations.

Scope of the exemption

For Central organisations, Section 24(1) covers intelligence and security organisations established by the Central Government and specified in the Second Schedule. It also covers information furnished by such organisations to the Central Government.

• The exemption applies only to organisations formally specified under Section 24, not automatically to every body performing a security-related function.
• The State Government may similarly notify its intelligence and security organisations under Section 24(4); information furnished by them to that State Government is also covered.

Statutory exceptions

Information pertaining to allegations of corruption or human rights violations is not excluded merely because it concerns an exempt organisation.

• Information concerning alleged human rights violations can be disclosed only after approval of the Central Information Commission or the relevant State Information Commission.
• Such human rights information must be provided within 45 days from receipt of the request, notwithstanding the ordinary time limit under Section 7.
• The Commission-approval and 45-day requirements specifically apply to human rights allegations, not to corruption allegations.

Control over the exempt lists

The Central Government may amend the Second Schedule by notification in the Official Gazette, and the notification must be laid before Parliament. A State Government may add or remove organisations through a Gazette notification, which must be laid before the State Legislature.