Comparative Table of Exemption Clauses in Indian RTI Laws

EXEMPTIONS

T. NADU, 1997

GOA, 1997

RAJASTHAN, 2000

KARNATAKA, 2000

DELHI, 2001

MAHARASHTRA , 2002

ASSAM, 2002

MADHYA PRADESH, 2003

FOI ACT 2002

Information relating to defence security.

P

r

r

r

r

r

r

r

Blanket exclusion under Section 16 to certain bodies.

Information whose disclosure will prejudice the security, integrity and sovereignty of the Nation and the State.

P

P

P

P

P

P(with certain provisos)

P

P

P

Information whose disclosure would harm the conduct of international relations or affairs.

P

r

P

P

P

P

P

P

P

Information received in confidence from foreign Governments, foreign courts or international organisations.

P

r

P

r

r

P

r

r

r

Information, the disclosure of which would prejudicially affect strategic scientific or economic interest of India.

r

r

r

P

r

r

P

P

P

Papers containing advice, opinion, recommendations or minutes submitted to the Governor for discharge of his constitutional functions and any information, disclosure of which, would prejudicially affect the conduct of the Centre-State relations, including information exchanged in confidence between the Centre and the Government or any of their authorities or agencies.

r

P

P

r

P

r

P

r

P

Information whose disclosure would harm the frankness and candour of internal discussion, including;-
(i) proceedings of Cabinet and Cabinet committees;
(ii) internal opinion, advice, recommendations, consultation and deliberation;
(iii) projections and assumptions relating to internal policy analysis; analysis of alternative policy options and information relating to rejected policy options;
(iv) confidential communications between departments, public bodies and regulatory bodies.

P

r

P

P(with certain provisions regarding disclosure after the decision making process.)

P

r

P

P

P

Information relating to an individual or other information, the disclosure of which has no relationship to any activity of the Government or which will not subserve any public interest and would constitute a clear and unwarranted invasion of personal privacy.

r

P

P

P

P

P

P

P

P

Information relating to confidential communications between Ministers and the Governor.

P

r

r

r

r

r

r

r

r

Information whose disclosure would prejudice the administration of justice, including fair trial and the enforcement or proper administration of the law.

P

P

P

P

r

r

P

P

P

Information the disclosure of which would prejudiceicially affect the adjudication of a pending case

r

r

P

P

r

r

P

P

P

Information, the disclosure of which would reveal the existence or identity of a confidential record or source of information; or would prejudice future supply of information relating to violation or contravention of any law.

r

r

P

r

r

r

r

r

r

Information whose disclosure would prejudice legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigation (whether actual or likely) or whose disclosure is has been or is likely to be addressed in the context of such proceedings.

P

r

r

r

r

r

r

r

r

Information covered by legal professional privilege.

P

r

r

r

r

r

r

r

r

Information whose disclosure would prejudice the prevention, investigation or detection of crime, the apprehension of offenders.

P

P

P

P

r

P

P(provision extends to info prejudicially affecting operations against terrorism, extremism and insurgency.)

P

P

Information whose disclosure would harm public safety or public order.

P

P

r

P

r

r

P

P

P

Information whose disclosure would endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement or security purposes.

P

P (Provided that info which cannot be denied to the State Legislature shall not be denied to any person.)

P

r

P (Provided that info which cannot be denied to the State Legislature shall not be denied to any person.)

P

P

r

r

Information whose disclosure would increase the likelihood of damage to the environment; or rare or endangered species and their habitats.

P

r

r

r

r

r

r

r

r

Information whose disclosure would harm the ability of the Government to manage the economy, prejudice the conduct of official market operations, or could lead to improper gain or advantage to any person.

P

r

P

r

r

r

P

r

r

Information whose disclosure would prejudice the assessment or collection of tax, duties, or assist tax avoidance or evasion.

P

r

r

P

r

r

P

P

r

Information including commercial confidences, trade secrets or intellectual property whose unwarranted disclosure would harm the competitive position of the third party.

P

P

r

P

P

P

P

P

P

Information whose disclosure could lead to improper gain or advantage or would prejudice,
(i) the competitive position of a department or other public body or authority;
(ii) negotiations or the effective conduct of personnel management or commercial or contractual activities;

P

r

r

r

r

r

r

r

r

Information held in consequence of having been supplied in confidence by a person who,
(i) gave the information under a statutory guarantee that its confidentiality would be protected; or
(j) was not under any legal obligation, whether actual or implied, to supply it, and has not consented to its disclosure;

P

r

P

r

r

r

P

r

P

Information whose disclosure is prohibited under any enactment, regulation or international agreement;

P

r

r

r

r

r

r

P

r

Information whose release would constitute a breach of Parliament/Legislative Assembly/Council Privilege;

P

P(with proviso for reference of the matter to the Legislature Secretariat)

P

P(with proviso for reference of the matter to the Legislature Secretariat)

P(with proviso for reference of the matter to the Legislature Secretariat)

P

P

P

P

Information the disclosure of which is prohibited under the provisions of the Official Secrets Act, 1923

r

r

r

r

r

P

r

r

r

The documents referred in sections 123 and 124 of the Indian Evidence Act, 1872,

P

r

P

r

r

r

P

r

r

Any matter which is likely to
help the commission of offence;

P

r

P

r

r

r

r

r

r

Info, the disclosure of which would lead to an incitement to commit an offence.

r

r

r

r

P

P(with certain provisos)

 

P

P

Info that may help or facilitate escape from legal custody or affect prison security;

P

r

P

P

r

r

P

P

r

Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court ;

r

r

r

r

r

P

r

r

r

Information available to a person in his fiduciary relationship, unless the Competent Authority is satisfied that the larger public interest warrants the disclosure of such information .

r

r

r

r

r

P

r

r

r

Information pertaining to service record of a person.

r

r

r

r

r

P

r

r

r

Information relating to matters classified as "Secret" or "Confidential";

r

r

r

r

r

r

r

P

r

Information that is vague or meaningful, or too large in volume to prepare copies;

r

r

r

r

r

r

r

P

r

If in the opinion of the competent authority any information, if disclosed, is likely to cause breach of the peace or cause violence, or disharmony among the section of the people on the basis of religion, language, caste, creed, community or if it is prejudicial to public interest, the competent authority shall refuse to give information.

P

r

r

r

r

r

r

r

r


If the disclosure of the information sought would be prejudicial to the maintenance of public order, or maintenance of essential services and supplies.

P

r

r

r

r

r

r

r

r

Request that is too general or is of such a nature that, having regard to the volume of information required to be retrieved or processed for fulfilling it, it would involve disproportionate diversion of the resources of a public authority or would adversely interfere with the functioning of such authority:

Provided that, where access is being refused on the ground that the request is too general, it would be duty of the incharge of office concerned to render help, as far as possible, to the persons seeking information to re-frames his request in such a manner as may facilitate supply of information;

r

r

P

P

r

P

P

P

P

Request relating to information that is required by law or convention to be published at a particular time.

r

r

P

P

r

P

P

P

P

Request relating to information that is contained in published material.

r

r

r

r

r

P

P

P

P

BLANKET EXEMPTION

r

r

r

r

r

r

r

Information created prior to three precedding calendar years from the date of the request shall not be disclosed.

Under Section 16. 19 bodies exempted so far in the Schedule to the FOI Act.

Commonwealth Human Rights Initiative, New Delhi, 2003 Devised by: Mrinal Ojha