INFORMATION EXEMPTED FROM DISCLOSURE, UNDER RTI ACT, 2005

Information exempted from disclosure, under sub section (1) of section 8 and 9 of the Act enumerate the categories of information which is exempt from disclosure. Sub section (2) of Section 8,however , provides that information exempted under sub-section (1) or exempted under the Official Secrets Act, 1923 can be disclosed if public interest in disclosure overweighs the harm to the protected interest. Further sub section (3) of section 8 provides that information exempt from disclosure under sub section (1) , except as provided in Clause (a), (c) and (i) thereof, would cease to be exempted after 20 years from the date of occurrence of the related event, etc. Further it may be noted that Section 8(3) of the Act does not require the public authorities to retain records for indefinite period. The records should be retained as per the records retention schedule applicable to the concerned public authority. Information generated in a file may survive in the form of an OM or a letter or in any other form even after destruction of the file /record.The Act requires furnishing of information so available after the lapse of twenty years, even if such information was exempt from disclosure under sub section (1) of section 8.It means that the information which, in normal course, is exempt from disclosure under sub section (1) of section 8 of the Act, would cease to be exempted if 20 years have lapsed after occurrence of the incident to which the information relates. However the following types of information would continue to be exempt and there would be no obligation, even after lapse of 20 years, to give any citizen-(1) Information disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interest of the state, relation with foreign state or lead to incitement of an offence (2) Information the disclosure of which would cause a breach of privilege of Parliament or state legislature or (3) Cabinet papers including records of deliberations of the council of Ministers, Secretaries and other officers subject to the conditions given in proviso to Clause (i) of sub section (1) of section 8 of the Act.