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  2. #2
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    Col NR Kurup (Retd)
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    Re: Information to be supplied more than 20 years old.


    This topic was earlier well discussed in our forum. However,let me point out again that Secion 8(3) of the Act is one of the most misinterpretted Sections of the RTI Act. Many interpret wrongly that information more than 20 years old need not be given where as the gist of this provision is that "an information which is more than 20 years old cease to maintain its confidentiality and could be given with certain exceptions given therein" For eg., Plan for an invasion of a country is a top secret information. But after the invasion is over it does not have any confidentiality as it is known to everyone that a particular invasion has taken place.

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    Re: Information to be supplied more than 20 years old.


    Dear shri Kurup,
    Ok the same may be discussed earlier but the information was related to the decision of Govt of India and if Govt agreed on any issue non may refuse to provide us information. I am seeking the orders of Govt of India so that I may write to PIO to supply the information.

  4. #4

    Re: Information to be supplied more than 20 years old.



    The following is exempt from disclosure [S.8)]

    information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence
    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;
    information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
    information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
    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;
    information received in confidence from foreign Government;
    information, the disclosure of which 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;
    information which would impede the process of investigation or apprehension or prosecution of offenders;
    cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
    information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual;
    Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

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