Under the Right to Information Act, 2005 (RTI Act), the general rule is that citizens have a right to access information held by public authorities. However, this right is subject to specific exemptions. Section 8 lists information that may be exempt from disclosure, while Sections 9 and 10 provide additional rules regarding refusal and partial disclosure.
Key points:
National security and sovereignty: Information that could adversely affect the sovereignty, integrity, security, strategic interests, scientific or economic interests of India, or relations with foreign countries may be refused.
Information prohibited by a court: Information whose disclosure is expressly prohibited by a court or tribunal, or which could amount to contempt of court, can be withheld.
Parliamentary or legislative privilege: Information that would breach the privilege of Parliament or a State Legislature may be exempt.
Commercial confidence and trade secrets: Commercially sensitive information, trade secrets or intellectual property may be withheld where disclosure could harm a third party's competitive position, unless larger public interest justifies disclosure.
Fiduciary information: Information received or held by a public authority in a fiduciary relationship may be exempt, subject to the larger public-interest test.
Information received from foreign governments: Confidential information received from a foreign government may be protected from disclosure.
Life and safety: Information that could endanger someone's life or physical safety, or reveal a confidential source assisting law enforcement or security agencies, may be refused.
Ongoing investigation: Information that would impede an investigation, apprehension or prosecution of offenders can be withheld.
Cabinet papers: Certain cabinet papers and records relating to deliberations may be exempt, subject to the statutory conditions regarding disclosure after the decision-making process is complete.
Personal information: The RTI Act contains an exemption concerning personal information under Section 8(1)(j), as amended. The precise application depends on the nature of the information and the applicable statutory requirements.
Copyright: Under Section 9, access may be refused where providing the information would involve infringement of copyright belonging to someone other than the State.
Can the public authority refuse the entire request?
Not necessarily. If only part of a record is exempt, Section 10 requires the non-exempt portion to be disclosed where it can reasonably be separated from the protected information.
Also, where an RTI request is rejected, the applicant must be informed of the reasons for rejection, the period for filing an appeal, and the details of the appellate authority.
Conclusion:
A public authority cannot refuse an RTI request merely because the information is inconvenient or sensitive. The refusal should fall within a specific exemption under the RTI Act. In appropriate cases, larger public interest can justify disclosure even where an exemption applies. If only a portion of the requested information is exempt, the remaining information should generally be provided after removing the protected portion.
