The Right to Information (RTI) Act empowers citizens to access information from public authorities. However, the RTI Act also protects sensitive data. It lists specific exemptions to safeguard national interests, security, privacy, and confidentiality. Here’s a detailed guide to what cannot be disclosed under the RTI Act.
What Does RTI Say About National Security and Sovereignty
Public authorities cannot disclose information that harms India’s sovereignty or integrity. They must withhold any data that affects national security, strategic or scientific interests, or the country’s economy. Disclosure is also barred if it damages India’s foreign relations or leads to the incitement of an offence.
Does The RTI Allow Court-Restricted and Privileged Information
The RTI Act does not allow access to information that courts or tribunals have forbidden to publish. It prohibits disclosure if it may amount to contempt of court. The law also protects content that breaches the privileges of Parliament or State Legislatures.
Authorities can deny requests that involve trade secrets or commercial information, especially if disclosure harms a third party’s competitive position. Information shared under a fiduciary relationship also remains protected unless public interest clearly outweighs the harm in releasing it.
The Act exempts any information that foreign governments provide confidentially. It also bars the release of data that could endanger someone’s life or identify sources who assist law enforcement or security agencies.
Does RTI Share Investigation and Cabinet Papers
Authorities must not disclose information that interferes with investigations, arrests, or prosecutions. Cabinet papers, including notes or records of Council of Ministers’ discussions, are also exempt. However, once a decision is taken and the matter is complete, the government must disclose the decision, its reasons, and supporting documents, unless those still qualify as exempt.
Does RTI Allow Sharing Of Personal Information and Privacy
Personal information unrelated to any public activity or interest is exempt from disclosure. If sharing such information invades someone’s privacy without any larger public benefit, authorities can reject the request. Still, any information that cannot be withheld from Parliament or State Legislatures must be made available to the public.
Despite these exemptions, authorities may disclose information if public interest clearly outweighs the harm. This provision overrides the Official Secrets Act, 1923, allowing greater transparency in matters of public importance.
Time-Based Access to Old Information
If the information is over 20 years old, authorities must usually disclose it. However, they can withhold it if it still falls under exemptions related to national security, legislative privilege, or cabinet records. If there’s any confusion about when the 20-year period starts, the Central Government’s decision is final.
Copyright Protection
Authorities may also reject requests if disclosing the content infringes on copyrights held by someone other than the State.
Conclusion
The RTI Act ensures transparency while respecting the need for confidentiality. It protects sensitive data and individual privacy, yet supports public accountability when required. Understanding these exemptions helps applicants frame more effective RTI requests and avoid unnecessary rejections.
