Discuss about the information which may not be disclosed by the authorities under the Right to Information Act, 2005

 Here's a point-wise, detailed discussion of information that may not be disclosed by public authorities under the Right to Information (RTI) Act, 2005. 

Information Which May Not Be Disclosed under RTI Act, 2005 (Section 8 & 9)

The Right to Information Act, 2005 promotes transparency and accountability. However, it also recognizes the need to protect sensitive information. Section 8 and Section 9 of the Act specify categories of information that are exempt from disclosure:

1. National Security and Sovereignty

• Section 8(1)(a) prohibits disclosure of information that would:

  • Prejudicially affect the sovereignty and integrity of India.

  • Endanger the security, strategic, scientific or economic interests of the State.

  • Affect relations with foreign States.

  • Lead to incitement of an offence.

🔒 Example: Military deployment strategies or intelligence operations.

2. Parliamentary or State Legislative Privileges

• Information which has been expressly forbidden by any court of law or tribunal.

• Disclosure is barred under privilege of the legislature.

📜 Example: Unpublished proceedings of Parliamentary Committees.

3. Commercial Confidence, Trade Secrets, or Intellectual Property

• Section 8(1)(d): Disclosure may harm the competitive position of a third party.

• Exemption applies unless larger public interest justifies it.

💼 Example: Tender bidding details, formulas used in private sector collaborations.

4. Fiduciary Relationship

• Section 8(1)(e): Information available in fiduciary capacity cannot be disclosed.

• This includes trust-based relationships.

🤝 Example: Medical records, academic evaluation reports, bank-client information.

5. Foreign Government Information

• Section 8(1)(f): Information received in confidence from foreign governments is exempt.

🌍 Example: Diplomatic cables, international treaty negotiation records.

6. Endanger Life or Physical Safety

• Section 8(1)(g): Disclosure that endangers the life or safety of any person or reveals the identity of sources in law enforcement or intelligence agencies is barred.

👮 Example: Identity of whistle-blowers or undercover agents.

7. Impediment to Investigation or Prosecution

• Section 8(1)(h): Information that would impede:

  • The process of investigation.

  • Apprehension or prosecution of offenders.

🕵️ Example: Ongoing CBI or police investigations.

8. Cabinet Papers

• Section 8(1)(i): Cabinet papers, including records of deliberations of the Council of Ministers, Secretaries, and other officers are exempt.

• However, decisions taken and their reasons are to be made public after decisions are taken and the matter is complete.

🏛️ Example: Internal notes during policymaking phase.

9. Personal Information

• Section 8(1)(j): Information which relates to personal data, the disclosure of which has no relation to any public activity or interest, or which would cause unwarranted invasion of the individual’s privacy.

🙍 Example: Medical records, personal address or income details.

10. Copyright-Protected Information

• Section 9: Information cannot be disclosed if it would result in an infringement of copyright, other than that held by the State.

📝 Example: Books, manuals, or proprietary databases.

✅ Exceptions to the Exemptions

Even the above information can be disclosed if:

• There is a larger public interest involved.

• The competent authority approves in certain cases (especially related to national interest or human rights).

🔍 Conclusion

The RTI Act strikes a balance between transparency and confidentiality. While empowering citizens, it safeguards sensitive areas of governance. The exemptions ensure that the right to information does not override concerns of national interest, privacy, and institutional integrity.