Fiduciary Relationship Exemption (Section 8(1)(e))
Section 8(1)(e), RTI Act 2005
Section 8(1)(e) lets a public authority withhold information it holds in a "fiduciary" relationship (a relationship of trust) — unless a larger public interest justifies disclosure. Courts read this exemption narrowly.
A fiduciary relationship is one of trust and confidence where one party holds information for the benefit of another. Section 8(1)(e) exempts information available to a person in such a relationship — unless the larger public interest warrants disclosure.
This exemption is often over-used by PIOs. The Supreme Court has read it narrowly: in CBSE v. Aditya Bandopadhyay (2011) it held that evaluated answer sheets held by an examining body are not held in a fiduciary capacity, so students can obtain them under RTI. If your request is refused under 8(1)(e), test whether a genuine relationship of trust really exists and whether public interest outweighs it.
Key points
- Section 8(1)(e) exempts information held in a relationship of trust.
- Subject to a public-interest override.
- Read narrowly — answer sheets held NOT fiduciary (CBSE v. Aditya, 2011).
- Frequently mis-applied; a vague 8(1)(e) refusal is appealable.
Related RTI terms
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This is a plain-English summary of the Right to Information Act, 2005 for general understanding — educational, not legal advice. For a specific case, the exact wording of the Act and your facts matter.
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