Section 10 RTI Act: Severability

Right to Information Act, 2005

Section 10 RTI Act at a Glance

Section 10 RTI Act allows partial access to a record when the non-exempt part can reasonably be separated from exempt information. When partial access is granted, the Public Information Officer must give the applicant a notice with reasons, fees, and appeal rights.

Section 10 RTI Act Bare Act Text

10. Severability.
(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.
(2) Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing—
(a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
(b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
(c) the name and designation of the person giving the decision;
(d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
(e) his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access.

Section 10 RTI Act in Simple Words

Section 10 RTI Act sets the rule of severability, which means separating the non-exempt part of a record from any part containing exempt information so partial access can be given. Under Section 10(1) RTI Act, when a request for access to information is rejected because it relates to exempt information, access may still be provided, overriding other provisions of the Act, to the part of the record that contains no information exempt under the RTI Act and can reasonably be severed from the part containing exempt information.

Under Section 10(2) RTI Act, once partial access is granted under Section 10(1) RTI Act, the Central Public Information Officer or State Public Information Officer must give a notice to the applicant. Clauses (a), (b), and (c) require that notice to state that only part of the requested record is being provided after severing the exempt part, set out the reasons for the decision (including any findings on any material question of fact and a reference to the material on which those findings were based), and give the name and designation of the person making the decision.

Clauses (d) and (e) of Section 10(2) RTI Act require the notice to include fee and appeal details. Under clause (d), the notice must state the details of the fees calculated by the officer and the fee amount the applicant must deposit. Under clause (e), the notice must inform the applicant of the rights to seek review of the non-disclosure of part of the information, the fee amount charged, or the form of access provided, including the particulars of the senior officer under Section 19(1) RTI Act (where a first appeal lies within 30 days) or the Central Information Commission or State Information Commission (where a second appeal lies within 90 days under Section 19(3) RTI Act), the time limit, the process, and any other form of access.

When Section 10 RTI Act Applies

A request for access to information is rejected on the ground that the request relates to information exempt from disclosure under the RTI Act.
Part of the requested record does not contain any information exempt from disclosure under the RTI Act.
That non-exempt part can reasonably be severed from the part containing exempt information, allowing partial access under Section 10(1) RTI Act.
When partial access is granted, the Central or State Public Information Officer must give the applicant a notice under Section 10(2)(a) to (c) RTI Act stating that partial access follows severance, the reasons and factual findings with the material relied upon, and the decision-maker's name and designation.
Under Section 10(2)(d) and (e) RTI Act, the notice must also give the fee calculation and fee amount to deposit, along with the applicant's review rights on partial non-disclosure, fees, or form of access, including appeal particulars, time limits, process, and other forms of access.

Example of Section 10 RTI Act

Dhruv in Imphal files a written request under Section 6 RTI Act seeking a 10-page enforcement file held by a State department. Two pages of the file identify a source who gave information in confidence for law enforcement purposes, which is exempt under Section 8(1)(g) RTI Act, while the remaining 8 pages contain no exempt information and can reasonably be severed from those 2 pages. Under Section 10(1) RTI Act, Ravindra, the State Public Information Officer, severs the 2 exempt pages and grants Dhruv access to the 8 non-exempt pages. Under Section 10(2) RTI Act, Ravindra gives Dhruv a notice stating that only part of the record is being provided after severance, setting out the reasons and factual findings with reference to the material relied upon, and recording Ravindra's name and designation. The notice also states the fee calculation and the fee amount Dhruv must deposit, along with Dhruv's right to seek review of the partial non-disclosure, the fee charged, or the form of access, including the particulars of the senior officer under Section 19(1) RTI Act for a 30-day appeal, the State Information Commission, the process, and other forms of access.

When Section 10 RTI Act Does Not Apply

Any part of a record that itself contains information exempt from disclosure under the RTI Act, which must be severed rather than released under Section 10(1) RTI Act.
Records where the part without exempt information cannot reasonably be severed from the part containing exempt information under Section 10(1) RTI Act.

FAQs on Section 10 RTI Act

What is Section 10 RTI Act?▼

Section 10 RTI Act sets out the rule of severability, under which access may be given to the non-exempt part of a record that can reasonably be separated from exempt information. When partial access is granted, Section 10(2) RTI Act requires the Public Information Officer to give the applicant a detailed notice.

Can an applicant obtain the remaining pages of a file if only part of the record is exempt?▼

Yes. Under Section 10(1) RTI Act, even when a request is rejected because it relates to exempt information, access may be provided to the part of the record that contains no exempt information and can reasonably be severed from the exempt part.

Must the Public Information Officer explain the reasons when giving only partial access under Section 10 RTI Act?▼

Yes. Under Section 10(2)(b) RTI Act, the notice to the applicant must state the reasons for the decision, including any findings on any material question of fact and a reference to the material on which those findings were based. Under Section 10(2)(c) RTI Act, the notice must also state the name and designation of the person giving the decision.

Must a Section 10(2) RTI Act notice give fee details for the severed record?▼

Yes. Under Section 10(2)(d) RTI Act, the notice must inform the applicant of the details of the fees calculated by the officer and the amount of fee the applicant is required to deposit.

Can an applicant challenge partial non-disclosure or the fee charged under Section 10 RTI Act?▼

Yes. Under Section 10(2)(e) RTI Act, the notice must state the applicant's rights to seek review regarding non-disclosure of part of the information, the amount of fee charged, or the form of access provided. Under Section 19 RTI Act, a first appeal lies to a senior officer within 30 days, and a second appeal lies to the Central Information Commission or State Information Commission within 90 days.

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Sources: Bare Act Text, Right to Information Act, 2005 ·