LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

 1 Replies

SIMRAN BHASIN   03 June 2021

Section 8 in the right to Information Act of the year 2005 discusses is the instances where there is an exemption from the disclosure of information. it provides a list of situations where there will exist no obligation to the concerned authority to provide information to the individual seeking it if:

a) The information when disclosed can have an effect on the sovereignty and the integrity of our country. it will include instances where the security or the scientific or even economic interests of the state in relation to a foreign state oh can lead to an offence being incited.

b) the information which is being sought for has been forbidden by any court of law or tribunal to be published in an express manner, all if such information is disclosed it could lead to contempt of court.

c) the information which is being sought for is this closed then it can result in a breach of the privilege of either the parliament or the state legislature

d) The information which is being sought for includes any type of commercial confidence or a trade secret or even an intellectual property which if disclosed can harm the competitive position of anybody unless the competent authority has expressed their satisfaction and stated that it is for the larger public interest that the disclosure of this information is necessary.

e) The information which is being sought for is available to someone as a result of their fiduciary relationship unless it has been mentioned by the authority that the larger public interest requires that this information should be disclosed.

f)  The information has been received in confidence from a foreign government

g) The information which is being sought if disclosed can endanger either the life or the physical safety of any individual or even disclose a source of information that has been given in confidence for the enforcement of the law or a security purpose

h) The information which is being sought if disclosed can hamper the investigation process or the prosecution of offenders

i) The information being sought is regarding cabinet papers which include the records of deliberations of the Council of Ministers or the secretaries and other officers unless the Council of Ministers decide and the material on the basis of which the decision was taken is made public and after the decision has been taken and the matter is over, and also that matters which come under exemptions will not be disclosed.

j) The information being sought is related to some personal information that is not related to any form of public activity or even in favor of public interest and can cause an invasion of privacy of any individual unless the competent authority is satisfied that it is for the larger public interest that such information should be disclosed. The information which cannot be denied to the parliament or even a state legislature should also not be denied to any individual.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Post a Suggestion for LCI Team
Post a Legal Query