Under the Right to Information Act, 2005 (RTI Act), citizens have the right to obtain information held by or under the control of public authorities, subject to certain exemptions.
Key points:
- Government records: Citizens can request records, documents, files, orders, circulars, reports, and other official records held by a public authority.
- Information about government decisions: RTI can be used to ask for the reasons, procedures, rules, or records relating to decisions taken by public authorities.
- Inspection: A citizen can generally seek permission to inspect government documents, works, and records and can obtain certified copies or extracts.
- Electronic information: Information stored electronically can also be requested, subject to the applicable exemptions.
- Public expenditure: Information concerning government spending, contracts, tenders, and use of public funds may generally be requested.
- Personal information: Information relating to an individual’s private affairs may be restricted, particularly where disclosure would invade privacy and does not have a sufficient connection with a public activity or public interest.
- Confidential and sensitive information: Certain information involving national security, sovereignty, commercial confidence, trade secrets, fiduciary relationships, investigations, and other protected interests may be exempt from disclosure.
- Third-party information: Information relating to a third party may be subject to additional safeguards before it is disclosed.
- Information not held by the authority: An RTI applicant generally cannot require a public authority to create new information, conduct research, provide opinions, or answer questions that require generating information that is not already available in its records.
Important limitation: RTI is primarily a right to access existing information held by a public authority. It is not a general mechanism for demanding explanations, solving personal grievances, or requiring an authority to create information.
Conclusion:
A citizen can use the RTI Act to obtain a wide range of existing government information, including records, documents, decisions, expenditure details, and certified copies. However, the right is subject to exemptions under the Act, particularly where disclosure could affect national security, investigations, commercial interests, or an individual's privacy. The specific facts and the applicable exemption determine whether particular information can legally be withheld.
