Following are the types of information exempted from the ambit of the RTI act, 2005:
a) Information regarding the national security, sovereignty and integrity of India, relations with foreign states and information which leads to incitement of an offence.
b) Information which has been expressly prohibited to be published by a court or a tribunal.
c) information disclosure of which would cause breach of privilege of parliament or the state legislature.
d) commercial confidence, trade secrets, intellectual property, disclosure of which would harm the position of the third party, unless competent authority is satisfied that larger public interest warrants so.
e) Information available to a person in a fiduciary relationship, unless larger public interst warrants so.
f) Info received in confidence from foreign government.
g) Information which would impede process of investigation or prosecution of offenders.
h) Information which would endanger life or safety of a person.
i) cabinet papers, including record of deliberations of the council of ministers, secretaries and other officers.
j) Information which would affect the privacy of another individual and there is no larger public interest which would warrant so.
provided that information which cannot be denied to the parliament or state legislature cannot be denied to any person.
Information regarding something which has occurred twenty years ago can be provided if such information does not violate points a) c) i) given above.
Doctrine of separability:
Where an information sought comes under any of the above categories, but a part of such information does not meet the requirements of non disclosure and such part can be completely severed from the other part, it can be provided to the person who has sought the information.
Third party information:
Third party information is that which provided by a third party, in this case the information commission has to notify the third party that such information is being sought by an applicant. The third party is then invited to make a submission as to whether such information should be submitted or not. Usually in larger public interest the concerns of the third party are not taken into account, unless it is some trade or commercial secret protected by law. The third party is entitled to an appeal.
Powers and functions of the information commission:
1)) To receive a complaint from a person who has not been able to :
a) Submit a request for information.
b) Receive the information within the stipulated time.
c) Who has been refused information.
d) Required to pay a higher fee than usual.
2) Initiate inquiry regarding the above mentioned matters if there is any substance to it.
3) The commission shall have the same powers as that of a civil court while summoning and enforcing attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents or things, requiring discovery of documents, receiving evidence on affidavit, requiring any public record from court or office.
4) Commission can require any document to which this act applies and the same cannot be refused by any public authority which is in possession of such document.
a) Information regarding the national security, sovereignty and integrity of India, relations with foreign states and information which leads to incitement of an offence.
b) Information which has been expressly prohibited to be published by a court or a tribunal.
c) information disclosure of which would cause breach of privilege of parliament or the state legislature.
d) commercial confidence, trade secrets, intellectual property, disclosure of which would harm the position of the third party, unless competent authority is satisfied that larger public interest warrants so.
e) Information available to a person in a fiduciary relationship, unless larger public interst warrants so.
f) Info received in confidence from foreign government.
g) Information which would impede process of investigation or prosecution of offenders.
h) Information which would endanger life or safety of a person.
i) cabinet papers, including record of deliberations of the council of ministers, secretaries and other officers.
j) Information which would affect the privacy of another individual and there is no larger public interest which would warrant so.
provided that information which cannot be denied to the parliament or state legislature cannot be denied to any person.
Information regarding something which has occurred twenty years ago can be provided if such information does not violate points a) c) i) given above.
Doctrine of separability:
Where an information sought comes under any of the above categories, but a part of such information does not meet the requirements of non disclosure and such part can be completely severed from the other part, it can be provided to the person who has sought the information.
Third party information:
Third party information is that which provided by a third party, in this case the information commission has to notify the third party that such information is being sought by an applicant. The third party is then invited to make a submission as to whether such information should be submitted or not. Usually in larger public interest the concerns of the third party are not taken into account, unless it is some trade or commercial secret protected by law. The third party is entitled to an appeal.
Powers and functions of the information commission:
1)) To receive a complaint from a person who has not been able to :
a) Submit a request for information.
b) Receive the information within the stipulated time.
c) Who has been refused information.
d) Required to pay a higher fee than usual.
2) Initiate inquiry regarding the above mentioned matters if there is any substance to it.
3) The commission shall have the same powers as that of a civil court while summoning and enforcing attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents or things, requiring discovery of documents, receiving evidence on affidavit, requiring any public record from court or office.
4) Commission can require any document to which this act applies and the same cannot be refused by any public authority which is in possession of such document.
