CHAPTER (V)

The following informations can be refused to provide to the applicant :-

EXEMPTION FROM DISCLOSURE OF INFORMATION

7. As per provision of section-8 of the Act, the following type of information shall not be obligatory to be given.

(a) Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the , 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 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 purpose;

(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 Councils 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 the disclosure of which has no relationship to any public activity or interest or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the Appellate Authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information. Provided that the information which can not be denied to the Parliament or a state legislature shall not be denied to any person.

(k) Information; disclosure of which is neither in the public Interest nor in the interest of SIDA.

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.  

Note:- Without prejudice to the provisions of Section 8 of the Act, the Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State. 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 the part of 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.

(l)  In case of third party information marked confidential/Secret, information shall not be disclosed without giving opportunity of hearing to third party regarding whether the information should be disclosed. Provided that except in the case of trade or Commercial secret protected by law disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interest of such third party.

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