Exemption from disclosure of information
—(]) Notwithstanding anything contained in this Act,
there shall be no obligation to give any citizen,—
(a) 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;
(b) 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;
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the
State Legislature;
(ci) 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;
(e) 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;
U) information received in confidence from foreign Government;
(g) 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;
(h) information which would impede the process of investigation or apprehension or prosecution
of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and
other officers:
8
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the
basis of which the decisions were taken shall be made public after the decision has been taken, and
the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this section
shall not be disclosed;
(j) 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 unless the Central Public Information Officer or the State Public Information Officer or the
appellate authority, as the case may be, is satisfied that the larger public interest justifies the
disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature
shall not be denied to any person.
(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the
exemptions permissible in accordance with sub-section (1), a public authority may allow access to
information, if public interest in disclosure outweighs the harm to the protected interests.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to
any occurrence, event or matter which has taken place, occurred or happened twenty years before the date
on which any request is made under section 6 shall be provided to any person making a request under that
section:
Provided that where any question arises as to the date from which the said period of twenty years has
to be computed, the decision of the Central Government shall be final, subject to the usual appeals
provided for in this Act.
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