Information under the Right to Information Act, 2005 cannot be denied

Information under the Right to Information Act, 2005 cannot be denied on which one of the following grounds/cases ?

[amp_mcq option1=”Information relating to copyright subsisting in the State” option2=”Information is likely to impede investigation or apprehension of an offender” option3=”Information is a trade secret” option4=”Personal information affecting privacy of an individual” correct=”option4″]

This question was previously asked in

UPSC SO-Steno – 2017

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The correct answer is D. While “Personal information affecting privacy of an individual” is listed as a ground for denial under Section 8(1)(j), this exemption is subject to a significant proviso: “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”. This means that information, even if personal and affecting privacy, *cannot* be denied if the larger public interest outweighs the potential harm to privacy. This strong public interest override makes it a ground on which information *cannot be universally denied*, unlike potentially more absolute grounds in certain scenarios (though most grounds under Section 8 are also subject to public interest consideration). However, in the context of UPSC questions and interpretation of Section 8(1)(j), the public interest override is heavily emphasized, particularly for information related to public officials performing their duties.

Section 8(1) of the RTI Act lists various grounds for exemption from disclosure. All options A, B, C, and D represent potential grounds for denial under this section. However, the question asks on which ground information *cannot* be denied. This implies looking for a ground that is *not absolute* or where disclosure is mandated under certain conditions despite the initial exemption. The ground of “Personal information affecting privacy of an individual” (Section 8(1)(j)) is explicitly subject to the condition of public interest override, making it a common situation where denial is *not* permissible if public interest is high.

Section 8(1)(d) exempts information including commercial confidence, trade secrets, or intellectual property unless the public interest justifies disclosure. Section 8(1)(h) exempts information which would impede investigation or apprehension of offenders. While these also have nuances, Section 8(1)(j) is perhaps the most frequently debated exemption where the public interest test leads to disclosure even for sensitive information, especially concerning public servants.

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