::: What information is available? :::
What is not open to disclosure?
The following is exempt from disclosure [S.8)] information, disclosure of which
would prejudicially affect the sovereignty and integrity of India, the
security, strategic, scientific or economic interests of the State, relation
with foreign State or lead to incitement of an offence information which has
been expressly forbidden to be published by any court of law or tribunal or the
disclosure of which may constitute contempt of court; information, the
disclosure of which would cause a breach of privilege of Parliament or the
State Legislature; information including commercial confidence, trade secrets
or intellectual property, the disclosure of which would harm the competitive
position of a third party, unless the competent authority is satisfied that
larger public interest warrants the disclosure of such information; information
available to a person in his fiduciary relationship, unless the competent
authority is satisfied that the larger public interest warrants the disclosure
of such information; information received in confidence from foreign
Government; information, the disclosure of which would endanger the life or
physical safety of any person or identify the source of information or
assistance given in confidence for law enforcement or security purposes;
information which would impede the process of investigation or apprehension or
prosecution of offenders; cabinet papers including records of deliberations of
the Council of Ministers, Secretaries and other officers; information which
relates to personal information the disclosure of which has no relationship to
any public activity or interest, or which would cause unwarranted invasion of
the privacy of the individual; Notwithstanding any of the exemptions listed
above, a public authority may allow access to information, if public interest
in disclosure outweighs the harm to the protected interests.
Is partial disclosure allowed?
Only that part of the record which does not contain any information which is
exempt from disclosure and which can reasonably be severed from any part that
contains exempt information, may be provided. [S.10]
Who is excluded?
Central
Intelligence and Security agencies specified in the Second Schedule like IB,
R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence
Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research
Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles,
Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime
Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police.
Agencies specified by the State Governments through a Notification will also be
excluded. The exclusion, however, is not absolute and these organizations have
an obligation to provide information pertaining to allegations of corruption
and human rights violations. Further, information relating to allegations of
human rights valuations could be given but only with the approval of the
Central or State Information Commission, as the case may be. [S.24)]