APPLYING THE LAW

Responding to Requests: Rejecting A Request

You can reject a request in a number of circumstances:

• All RTI laws permit applications to be rejected if they fall within the exemptions clauses of the Act.
• Some State laws (but not the Central Act) allow applications to be rejected if the information requested has already been published, for example, as a book or on the internet. In such cases though, you should still direct the requester to where they can find the information, rather than simply sending them a rejection notice.
• Some laws (but not the Central Act) allow applications to be rejected if they have been made repeatedly and are therefore becoming vexatious. In such cases though, if possible, you should try to help the requester to reformulate if possible.

If you have decided to reject an application on any of the above grounds, you will need to send the requester a rejection notice. The rejection notice will need to contain sufficient information to enable to requester to understand why you have rejected their application and to make an appeal, if they choose.

Section 7(8) of the Central Act specifies the content of a rejection notice, requiring at a minimum:

• the reasons the application is being rejected. (Ideally, the notice should mention the specific applicable exemption clause and the fact upon which the decision-maker relied when deciding that the exemption clause applied);
• the period in which the requester can lodge an appeal; and
• the details of the relevant "appellate authority". (Ideally, the notice should include the name and contact details of the relevant Appellate Authority, a copy of an appeal form, if one has been prescribed; and details of any fees payable.)

Ideally, the notice should also include the name and position of the decision-maker and the date of the decision, so that if any appeal is made against the decision, the appellate authority knows who to contact to discuss the decision.

Please click on the link to the Central RTI Act to read the detailed provisions contained in the law. Please click on the link to CHRI's State RTI pages to find out more about relevant rules and implementation in your specific State.