Information under the Right to Information Act, 2005 cannot be denied on which one of the following grounds/cases ?
Information relating to copyright subsisting in the State
Information is likely to impede investigation or apprehension of an offender
Information is a trade secret
Personal information affecting privacy of an individual
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC SO-Steno – 2017
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.