Section 10 RTI Act: Partial Record Access Notification

The Right to Information (RTI) Act, 2005, is a landmark legislation in India that empowers citizens to access information held by public authorities. Section 10 of the Act specifically deals with the situation where a request for information cannot be granted in full.

Understanding Section 10(1): Partial Access to Records

According to Sub-Section (1) of Section 10, if a public authority receives a request for information, and a part of that information can be provided while another part is exempt from disclosure (under Sections 8 or 9), the public authority must provide access to the part of the record that can be disclosed.

Understanding Section 10(2): Notice Requirements

Following up on Sub-Section (1), Sub-Section (2) states that when access is granted only to a portion of the record, the designated authority is required to give a notice to the applicant. This notice must inform the applicant about:

• The specific reasons for the non-disclosure of the remaining part of the information.
• The name and designation of the person who is providing the information (the officer providing the part that can be disclosed).
• Details about the provisions of the Act under which disclosure has been refused (usually Sections 8 or 9).
• The particulars of the officer or authority to whom an appeal against the decision can be made, including the time limit for filing the appeal.

Authority for Issuing Notice

As per the provisions laid out in the Right to Information Act, 2005, specifically in Section 10, it is the responsibility of the Central public information officer (or the State public information officer, depending on the public authority) to issue the notice to the applicant. This notice details the partial access granted and the reasons for withholding the rest of the information, along with appeal provisions.