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What is not open to disclosure? |
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Is partial disclosure allowed? |
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Who is excluded? |
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1. |
What is not open to
disclosure? |
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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.
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2. |
Is partial disclosure
allowed? |
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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] |
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3. |
Who is excluded? |
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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)] |
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