Q1.

Discuss the exemptions from disclosure provided in the RTI Act ( 2019), with special reference to third party
information.
Q2. What are the information exempted from disclosure under Right To Information Act, 2005? (Mar 2022, Jun/Jul
2016)
Q3. What are the informations exempted from disclosure? (Oct/Nov 2021)
Q4. “Transparency is the rule but secrecy is an exception”. Discuss this statement in the light of sec 8 of RTI Act, 2005.
(2021)
Q5. Explain the procedure for obtaining information and what informations are not disclosable under the Act, 2005.
(Jun. 2017)

Ans.

synopsis RTI
Introduction Right to information (RTI) act 2005 states that any citizen can ask/request any information
from the public authority and the authority have to reply within the 30days, but however
there are certain cases the authority does not provide information to the citizen of india,
these are basically called the exemption under RTI

It clears that giving information to the citizens must be rule(transparency) but denying
it(secrecy) is an exception. The constitunal basis for this is that right to information has been
considered to be inherent to article 19(1)g hence the denial also has to be as per limits laid
down by article 19(2)
Exemtion under RTI In the right to information act 2005 the exception to the disclosure of information can be
grouped into two broad categories
1. Absolute exemption
2. Discretionary exemption
Absolute exemption The absolute exemption are those exemptions from disclosure of information which are not
subject to public interest. These exemption or exclusion of information mentioned in section
9 and section 24 of this act.
Section 9 - grounds for rejection to access in certain cases(infringement of copy right)
Section 24 - This act not apply to certain organizations which are mentioned in
second schedule of this act(IB, CRPF, RAW, DRDO & ASSAM RIFLES etc).
Discretionary The discretionary exemption are those exemption which are mentioned section 8(1) of this
exemption act. The discretionary exemptions provide public authority with an option to disclose the
information where it felt that no injury will result from the disclosure or where it is of the
opinion that public interest in disclosing the information.
Exemption to disclosure the information (section 8)
Exemption to 1. Threat to national security - The public authority will not provide any information to
disclosure the general public that may cause harm to the security of nation or society. National
information (section 8) security includes the soverignity and intergrity of india, the security strategic,
scientific or economic interest of states and relation with foreign states etc. these are
national security matters if any information disclosure is harm/threat to national
security or it PIO feels than the information is exemted u/s 8()a.
2. Information forbidden by law - if any 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 then the information is exempted u/s 8(1)b.
3. Privilege of parliament - if any information the disclosure of which would cause a
breach of privilege of parliament or the state legislature then the information was
exempted to disclouse by public authority.
4. Trade secrets and confidentiality - if any includes commercial confidence, trade
secrets or intellectual property(copy right, trademark ets) then the disclosure of
information which would harm the competitive position of a third party then those

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 information are exemt to disclose but if the competent authority is satisfied that
larger public interest warrants the disclosure of such information then the
information may disclose to public.
5. Information regarding privacy - if any information which relates to personal
information and the disclosure of which has no relation to any public activity/interest
or which would cause unwarranted invasion of the privacy of the individual then the
public authority can denied to provide information unless the competent authority is
satisfied that the larger public interest is justifies the disclosure of such information
6. Confidential from foreign govts - if any information received on the condition of
confidence from foreign govt then that such information does’t includes the RTI Act
2005
7. Information regarding investigation - if any information which would impade the
process of investigation or apprehension or prosecution of offenders then that
information is exemted to disclose. Exemple - if a police officer is investigating about
case then cannot be asked that information
8. documents of cabinets - cabinet papers including records of deliberations of the
council of ministers scertaries and other officers.
9. Fiduciary relationship - The traditional definition of a fiduciary is person who
occupies a postion of trust in relation to someone else, therefore requiring him to act
for the later’s benefit within the scope of that relationship this sub-clause section 8
says that any information is exemted to disclose. exemple of fiduciary relationship
are teacher and student, advocate and client, doctor and patient, master and servent
etc.
Case laws The central information commission (mohan lal) v/s delhi police
In this case the commission held that the copy of the case-dairy prepared by the
investigation agency relating to the FIR could not be provided to the appellant, since it
impeded the process of investigation as provided u/s 8(1)h of the RTI Act 2005.

Farida hoosenally Mumbai v/s chief commissioner of Income tax(Mumbai)

In this the commission held that income tax returns filed by the assessee are confidential
information which include details of commercial activities and that if relates to third party,
these are submitted in fiduciary capacity, and there is no public interest involved in the
matter disclosure of such information is therefore is exemted u/s 8(1).

Nusli wadia Mumbai v/s ministry of external affairs (new delhi)

In this case the matter pertaining to jinhah house at Bombay and the information sought by
the appellant was declined on the ground that the disclosure of information would
prejudicially affect the relaations of india with a foreign state.
The first appeal of the appellant was also rejected, then in second appeal the CIC finally
directed the authority concerned to apply the provisions of section 10 of the act and the
information to be disclosed was to be provided servering it from the part of the information
which could not be disclosed.

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