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Section 8

Section 8 — Exemptions from Disclosure

Section 8, RTI Act 2005

What is Section 8?

Section 8 of the RTI Act lists the categories of information a public authority may refuse to disclose — such as information affecting national security, trade secrets, personal information with no public interest, or matters that would impede an investigation.

Section 8(1) sets out ten grounds on which information can be withheld — including national security and strategic interests (a); information forbidden by a court (b); breach of parliamentary privilege (c); trade secrets and commercial confidence (d); fiduciary information (e); information received in confidence from a foreign government (f); information that would endanger someone's life or safety or reveal a confidential source (g); information that would impede an investigation or prosecution (h); cabinet papers (i); and personal information with no public interest (j).

These exemptions are not absolute. Under Section 8(2), information can still be disclosed if the public interest in disclosure outweighs the harm. Under Section 8(3), most information that is more than 20 years old must be provided. And under Section 10, a record can be partly released with only the exempt portions severed.

Key points

  • Section 8(1)(a)–(j) lists the grounds for refusing information.
  • Section 8(2): public-interest override can defeat an exemption.
  • Section 8(3): information over 20 years old is generally disclosable.
  • Section 10: partial access — exempt parts severed, the rest released.
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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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