What does information means under to Right to Information Act?
Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force but does not include "file noting" [S.2 (f)].
How to get information under the Right to Information Act?
Draft your application on a normal sheet of paper and submit it by post or in person to the Public Information Officer (PIO) along with the requisite fee [Remember to keep a copy of the application for your personal reference.]
Why do we need Right to Information Act?
In the absence of Right to Information Act, if you seek certain information from any authority, such authority may ignore your request or delay in furnishing the information, at his discretion. But, if you seek the same information under the provisions of Right to Information Act, the concerned authority shall have no discretion to deny you the information and is duty bound to furnish information within a stipulated period unless such information falls within the category of deniable documents/information. Failure to furnish the information within the stipulated period would attract penal action against such authority.
What is not open to disclosure under Right to Information Act?
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 (But it is also provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied by this exemption);
-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. This provision is qualified by the proviso to sub-section 11(1) of the Act which exempts disclosure of "trade or commercial secrets protected by law" under this clause when read along with 8(1)(d).
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