Disposal of request, Exemption from Disclosure of information, Grounds for rejection to access in certain cases, Severability

Disposal of Request

The process of disposing of a request for information under the Right to Information Act, 2005 (RTI Act), in India, involves several steps and timeframes that public authorities must adhere to ensure transparency and timely access to information for citizens.

Time Frame for Responding to RTI Requests

1. Normal Requests:

Public authorities are required to respond to RTI requests within 30 days from the date of receipt of the request.

2. Life or Liberty:

If the information sought concerns the life or liberty of a person, the concerned public authority is required to provide the information within 48 hours of receipt of the request.

3. Third-Party Information:

In cases where a request involves a third party, the Public Information Officer (PIO) is required to decide on the request within 30 days, but after considering the representation made by the third party, which should be allowed within 10 days from the date of request of such representation.

4. Transfer of Requests:

If the subject matter of the request pertains to another public authority, the transferring should be done within 5 days of receiving the request, and the requester must be informed immediately.

Process of Disposal

• Acknowledgment:

Upon receiving a request, the PIO should acknowledge receipt and assign a unique request number for future reference.

• Review and Decision:

The PIO reviews the request to determine whether the information is available and under their purview. If the information requested is not available or is exempt under the provisions of the RTI Act, the applicant must be informed accordingly with reasons.

• Seeking Assistance:

The PIO may seek the assistance of any other officer for the proper discharge of his/her duties.

• Consultation with Third Party:

If the information requested involves a third party, the PIO should consult with the third party to decide about disclosing the information, unless it is clear that the information should be disclosed in the public interest.

• Calculation of Charges:

If the request is to be fulfilled, the PIO calculates any fees associated with the request (e.g., for copying documents) and informs the requester. The requester must pay the fee for the request to be processed further.

• Providing Information:

After any necessary fees are paid, the PIO provides the information in the manner requested by the applicant (if feasible) within the prescribed time limit. If partial information is provided or some information is denied, reasons for such denial should be given, including the details of the appellate authority to whom an appeal can be filed.

• Exemptions:

If the requested information is exempt under the provisions of the RTI Act, the PIO must cite the specific clause of exemption and inform the requester about the appeals process.

• Appeals:

If the requester is not satisfied with the response or if the PIO fails to respond within the prescribed time frame, the requester has the right to appeal to a higher authority within the public authority and, subsequently, to the Information Commission.

Exemption from Disclosure of information:

Right to Information Act, 2005 (RTI Act) in India, specifies certain categories of information that are exempt from disclosure to the public, to balance the need for transparency with the protection of sensitive information. These exemptions are outlined in Section 8 and Section 9 of the Act. Understanding these exemptions is crucial for both public authorities in processing RTI requests and citizens in making informed requests.

Section 8: Exemption from Disclosure of Information

• Sovereignty and Integrity of India:

Information that affects the sovereignty and integrity of India, the security, strategic, scientific, or economic interests of the State, relation with foreign states, or leads to incitement of an offence.

• Forbidden by Court of Law:

Information expressly forbidden by any court of law or tribunal or the disclosure of which may constitute contempt of court.

• Breach of Privilege:

Information that would cause a breach of privilege of Parliament or the State Legislature.

• Commercial Confidence:

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.

• Fiduciary Relationship:

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.

• Privacy:

Information which would invade the privacy of an individual, unless the PIO or appellate authority is satisfied that the larger public interest justifies the disclosure of such information. This is subject to the condition that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

• Impeding Investigation:

Information that would impede the process of investigation or apprehension or prosecution of offenders.

• Cabinet Papers:

Cabinet papers including records of deliberations of the Council of Ministers, Secretaries, and other officers, provided that the decisions of the Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were made shall be made public after the decision has been taken, and the matter is complete or over.

• Personal Information:

Personal information which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the PIO is satisfied that the larger public interest justifies the disclosure of such information.

Grounds for Rejection to Access in Certain Cases

Section 9 of the RTI Act is relatively succinct and provides a specific condition under which information access can be rejected:

• Information in a Fiduciary Relationship:

A request for information can be rejected if it pertains to information that is available to a person in his fiduciary relationship. However, this is subject to an important caveat that if the Central Public Information Officer (CPIO) or the State Public Information Officer (SPIO) is satisfied that the larger public interest warrants the disclosure of such information, it should not be withheld.

This provision is designed to protect sensitive information that individuals or entities might have shared in confidence, assuming a duty of care and trust on the part of the recipient. The classic examples of fiduciary relationships include lawyer-client, doctor-patient, and trustee-beneficiary relationships.

Severability

Section 10 of the RTI Act introduces the concept of severability, ensuring that the exemption of a part of the information requested does not lead to a complete denial of access where some parts of the document are not exempt:

• If a request is made to a public authority for access to information which contains both information that is exempted and information that is not exempted under the Act, then, notwithstanding any of the exemptions, the public authority should access and provide the non-exempted part of the information.
• When providing such information, the public authority should sever the exempted parts, provided this severance does not disproportionately divert the resources of the public authority or would not harm the preserved interest which led to the exemption.
• The decision to sever and provide part of the information should also include a notice to the applicant, detailing the portions of information that are being provided and the exemptions applied to the withheld parts, including the reasons for applying those exemptions.