Can a Competent Authority prevent disclosure of certain information ?

[karira]

While browsing through the RTI Rules for Assam, I saw that the Government of Assam has exempted certain information from disclosure besides those as specified in Sec 8(1)(a) to (j).

This is besides the list of organisations which are exempted from the purview of the RTI Act under Sec 24(4).

Please see:

State Chief Information Commission, Notification Detail

State Chief Information Commission, Notification Detail

Can members comment if this is allowed under the RTI Act (that is to exempt certain types of information from disclosure) ?

[murgie]

Originally Posted by karira

While browsing through the RTI Rules for Assam, I saw that the Government of Assam has exempted certain information from disclosure besides those as specified in Sec 8(1)(a) to (j).

This is besides the list of organisations which are exempted from the purview of the RTI Act under Sec 24(4).

Please see:

State Chief Information Commission, Notification Detail

State Chief Information Commission, Notification Detail

Can members comment if this is allowed under the RTI Act (that is to exempt certain types of information from disclosure) ?

The link lists "security organizations." So it's not really an additional exemption. You could of course raise the same questions that folks raise even about the Army: why should every RTI query to these organizations automatically be deemed sensitive on security grounds? Best, -Murgie

[karira]

Murgie,

The second link gives a list of "exempted information besides those as indicated in Sec 8(1) (a) to (j)".

The first link is for "exempted organisations".

[colnrkurup]

As per Section 24(4) of the Act the State Government has the power to notify such organisations. I do not find anything wrong with this. The additional exemptions given insecond circular is redundant as these fall under Section 8(a)

[murgie]

Originally Posted by karira

Murgie,

The second link gives a list of "exempted information besides those as indicated in Sec 8(1) (a) to (j)".

The first link is for "exempted organisations".

Taken at face value this seems justified, as the items in the list are all security related. Perhaps you're concerned that it is unnecessary given the Act. Maybe the intention was to simplify the task for some PIOs, so they to attempt their own interpretation of security-related exemptions under the Act in fewer cases. This note does not seem like a violation of the Act.

It does seem misleading to suggest that these are additional exemptions when they are all covered by the security-related clause (too sleepy to search for the right clause now!). Sarkari drafting!!:-):-) Best,

Murgie

[karira]

Murgie,

The RTI Act only grants the power to the competent authority to exempt certain organisations (under Sec 24(4)). That is to say, ONLY certain PA's can be exempted from the purview of the RTI Act (excpet for Human Right violations and Corruption cases).

The RTI Act does not grant any power to the competent authority to add more clauses to Section 8 and thereby exempt more categories of information.

Probably, as you said, it is wrong drafting or a mis-interpretation.