RTI Act Section 10: Requirements for Partial Disclosure Notice

The Right to Information (RTI) Act, 2005, is a landmark legislation that empowers citizens by granting them the right to access information held by public authorities. Section 10 of this Act specifically addresses the concept of 'severance', which applies when a public authority holds information where only a part of it can be disclosed, while another part is exempt from disclosure under the Act.

Understanding Section 10 of the RTI Act, 2005

When a Public Information Officer (PIO) receives an RTI request and determines that certain parts of the requested information are exempt from disclosure (for instance, under Section 8 or Section 9 of the Act), but other parts can be disclosed, Section 10 guides the process. The principle is that the disclosable part should be provided to the applicant.

Mandatory Information in a Partial Disclosure Notice

According to Section 10(2) of the RTI Act, 2005, if the PIO decides to disclose only a part of the information, they are obligated to issue a notice to the applicant. This notice must contain specific details to ensure the applicant is fully informed about the decision and the next steps. The key details that must be included are:

• The reasons for the decision to withhold certain information.
• The specific provisions of the RTI Act under which the information is being withheld.
• Fees payable by the applicant for accessing the information.
• The form of access that will be provided to the applicant (e.g., inspection of records, taking notes, certified extracts, diskettes, tapes, etc.).
• Information regarding the applicant's right to seek a review of the decision if they are not satisfied.

Analysis of Provided Options

Let's examine the given options in the context of Section 10 requirements for a notice of partial disclosure:

• Option 1: Applicant's criminal record - This is irrelevant to the procedural requirements of a notice for partial disclosure.
• Option 2: Whether the PIO supports the RTI Act - The personal stance of the PIO is not a required detail in the notice. The PIO must act according to the law.
• Option 3: Personal opinion of the PIO on the applicant's request - Similar to option 2, personal opinions are not required. The decision must be based on the provisions of the Act.
• Option 4: Fees payable and the form of access provided - This option correctly identifies two crucial pieces of information that Section 10(2) mandates must be included in the notice when only partial disclosure is possible. The applicant needs to know how much to pay and how they will receive the information.

Therefore, the notice for partial disclosure under Section 10 of the RTI Act, 2005, must inform the applicant about the fees payable and the specific form of access that will be granted.