As per RTI Act, 2005, which of the following are exempted from disclosure [U/S 8(1)]? a. Information, the disclosure of which cause a breach of privilege of Parliament or the State Legislature. b. The monthly remuneration received by employee. c. Information received in confidence from foreign government. d. Information which relates to personal information the disclosure of which has no relationship to any public activity or interest. e. A statement of the categories of documents that are held by public authority or under its control. Choose the correct answer from the options given below:
a, c and d only
Understanding Exemptions under RTI Act, 2005 Section 8(1)
The Right to Information (RTI) Act, 2005 provides citizens with the right to access information held by public authorities. However, Section 8 of the Act lists certain categories of information that are exempted from disclosure. Section 8(1) specifically details these exemptions. Let's analyze each statement provided in the question to determine which ones fall under these exemptions.
Analyzing the Statements on RTI Disclosure Exemptions
We will examine each statement against the provisions of Section 8(1) of the RTI Act, 2005:
- a. Information, the disclosure of which cause a breach of privilege of Parliament or the State Legislature.
This statement is covered under Section 8(1)(c) of the RTI Act, 2005. Section 8(1)(c) exempts "information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature". Therefore, this type of information is exempted from disclosure.
- b. The monthly remuneration received by employee.
Information regarding the salary of a public employee is generally considered related to the discharge of public functions and the use of public funds. While Section 8(1)(j) exempts personal information that has no relationship to any public activity or interest, the remuneration of a public servant is typically viewed as having a connection to public activity. Therefore, this information is generally not exempted under Section 8(1), though specific circumstances and interpretations can vary.
- c. Information received in confidence from foreign government.
This statement is explicitly covered under Section 8(1)(f) of the RTI Act, 2005, which exempts "information received in confidence from foreign Government". Therefore, this information is exempted from disclosure.
- d. Information which relates to personal information the disclosure of which has no relationship to any public activity or interest.
This statement directly reflects a part of Section 8(1)(j) of the RTI Act, 2005. Section 8(1)(j) exempts "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... is satisfied that the larger public interest justifies the disclosure of such information". Based on the wording in the statement, this type of personal information, lacking connection to public activity, is exempted.
- e. A statement of the categories of documents that are held by public authority or under its control.
This information is not exempted under Section 8(1). In fact, Section 4(1)(b)(vi) of the RTI Act, 2005, requires every public authority to proactively publish "a statement of the categories of documents that are held by it or under its control" as part of its obligation to provide information suo motu. This information is meant for public dissemination, not exemption.
Conclusion on RTI Act Exemptions
Based on the analysis of each statement against Section 8(1) of the RTI Act, 2005:
- Statement (a) is exempted under Section 8(1)(c).
- Statement (b) is generally not exempted under Section 8(1).
- Statement (c) is exempted under Section 8(1)(f).
- Statement (d) is exempted under Section 8(1)(j).
- Statement (e) is not exempted; it is information mandated for proactive disclosure under Section 4(1)(b)(vi).
Therefore, the information exempted from disclosure under Section 8(1) among the given options are a, c, and d.
Revision Table: RTI Act Section 8(1) Exemptions
| Statement | Description | Exempted U/S 8(1)? | Relevant Section 8(1) Clause (if applicable) |
|---|---|---|---|
| a | Breach of privilege of Parliament/State Legislature | Yes | 8(1)(c) |
| b | Monthly remuneration of employee | No (Generally considered disclosable) | Not applicable |
| c | Information received in confidence from foreign government | Yes | 8(1)(f) |
| d | Personal information not related to public activity/interest | Yes | 8(1)(j) |
| e | Categories of documents held by public authority | No (Proactively disclosable U/S 4) | Not applicable (Mandated by 4(1)(b)(vi)) |
Additional Information on RTI Act Disclosure
The RTI Act, 2005 aims to promote transparency and accountability in the working of every public authority. While Section 8(1) lists exemptions, Section 8(2) provides a significant caveat: a public authority may allow access to information even if it is exempted under Section 8(1) if the larger public interest in disclosure outweighs the harm to the protected interest. This public interest override is a crucial aspect of the RTI Act.
Furthermore, the Act also includes Section 9, which allows for partial denial of access in certain cases, and Section 24, which exempts certain intelligence and security organisations from the purview of the Act, except for information relating to allegations of corruption and human rights violations.
Understanding the specific clauses of Section 8(1) is vital for correctly applying the provisions of the RTI Act and determining what information can or cannot be legitimately withheld by public authorities.
Important Questions from Right To Information Act, 2005
Which of the following statements are true regarding the objectives of Right to Information Act? Indicate the correct code:
(A) To operationalise the fundamental right to information
(B) To set up system and mechanisms that facilitate people's easy access to information
(C) To promote transparency and accountability in governance
(D) To minimize corruption and inefficiency in public offices and ensure people participation in governance and desicion making
Choose the correct answer from the options given below:
Which of the following does not come under the definition of "Information" under RTI Act, 2005?
Out of the following statements, which is not correct about the RTI Act. 2005?
(A) The RTI Act come into force from October 13, 2005.
(B) Any citizen may request information from a Public Authority (Both Govt. and Private)
(C) Reply for information asked can be given within 30 days.
(D) There is a nominal application fee that are needs to pay to get information under the RTI application.
(E) For getting information. applicant has to pay Rs. 10/- per page of information for Central Govt. Departments.
Choose the correct answer from the options given below:
The rights and functions of the Central Information Commission (RTI Act) are mentioned in which sections?
(1) 18 and 19
(2) 20 and 25
(3) 12 and 17
(4) 13 and 15
- What is the primary objective of the Right to Information Act, 2005 ?
