Section 8 RTI Act: Exemption from disclosure of information

Section 8 RTI Act Bare Act Text

8. Exemption from disclosure of information.

(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—

(a) 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;

(b) 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;

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

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

(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

(f) information received in confidence from foreign Government;

(g) 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;

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

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

Provided that 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:

Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;

(j) information which relates to personal information;

(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), 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:

Provided that 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.

Section 8 RTI Act in Simple Words

When Section 8 RTI Act Applies

• Under Section 8(1) RTI Act, a public authority has no obligation to give a citizen information falling within any of the 10 exempt categories in clauses (a) to (j).
• Under Section 8(1)(d) and Section 8(1)(e) RTI Act, third-party commercial confidence, trade secrets, or intellectual property harming competitive position, and fiduciary information, are exempt unless the competent authority is satisfied that larger public interest warrants disclosure.
• Under Section 8(1)(i) RTI Act, cabinet papers and deliberation records are exempt, except that Council of Ministers decisions, reasons, and supporting material must be made public after the decision is taken and the matter is complete or over, unless another exemption in Section 8 RTI Act applies.
• Under Section 8(2) RTI Act, a public authority may allow access despite the Official Secrets Act, 1923 or any exemption in Section 8(1) RTI Act if public interest in disclosure outweighs the harm to protected interests.
• Under Section 8(3) RTI Act, information about an occurrence, event, or matter from 20 years before a Section 6 RTI Act request must be provided, subject to Section 8(1)(a), Section 8(1)(c), and Section 8(1)(i) RTI Act.

Example of Section 8 RTI Act

When Section 8 RTI Act Does Not Apply

• Commercial confidence, trade secrets, intellectual property, or fiduciary information where the competent authority is satisfied under Section 8(1)(d) or Section 8(1)(e) RTI Act that larger public interest warrants disclosure.
• Decisions of the Council of Ministers, the reasons for them, and the material on which they were based once the decision has been taken and the matter is complete or over under Section 8(1)(i) RTI Act, unless covered by another exemption in Section 8 RTI Act.
• Information for which a public authority decides under Section 8(2) RTI Act that the public interest in disclosure outweighs the harm to the protected interests, despite the Official Secrets Act, 1923 or Section 8(1) RTI Act.
• Information relating to an occurrence, event, or matter that took place 20 years before the date of a Section 6 RTI Act request under Section 8(3) RTI Act, unless Section 8(1)(a), Section 8(1)(c), or Section 8(1)(i) RTI Act applies.

FAQs on Section 8 RTI Act

Sections Related to Section 8 RTI Act