Jurisprudence, Interpretation and General Laws · Right to Information Law

Exemptions from Disclosure and Third Party Information under RTI

Updated 11 October 2026 · Fact-checked

Section 8 of the RTI Act, 2005 lists information a public authority need not disclose, such as security, court-barred, commercial secret or personal information. Some exemptions yield to larger public interest. Section 10 allows partial disclosure, section 11 sets the third party procedure, and section 24 excludes certain intelligence and security organisations.

Understand Exemptions from Disclosure and Third Party Information

The RTI Act gives citizens a right to information, but the right is not absolute. Section 8(1) says that, notwithstanding anything in the Act, there is no obligation to give a citizen the information described in clauses (a) to (j). It protects interests such as security, sovereignty, court orders, Parliament's privilege, trade secrets, fiduciary information, foreign confidences, safety of persons, investigations, cabinet papers and personal privacy.

Not all exemptions are equal. Some are absolute in the text: for example clauses (a), (b), (c), (f), (g) and (h) carry no public interest test inside the clause. Others are conditional: clause (d) trade secrets and clause (e) fiduciary information give way if the competent authority is satisfied that larger public interest warrants disclosure. Clause (j) personal information gives way if the PIO or appellate authority is satisfied that larger public interest justifies it. Section 8(2) adds a general override: despite the Official Secrets Act, 1923 and the exemptions in section 8(1), a public authority may allow access if public interest in disclosure outweighs the harm to protected interests.

Two more rules narrow the exemptions. Under section 8(3), subject to clauses (a), (c) and (i), information about an event that happened twenty years before the date of the request must be provided. Under section 10 (severability), if a record has both exempt and non-exempt parts, and the parts can reasonably be severed, you get access to the non-exempt part. The PIO must send a notice giving reasons, name and designation, fee details and appeal rights.

Section 11 protects third parties. If the PIO intends to disclose information that relates to or was supplied by a third party and treated as confidential by that party, the PIO must give written notice within five days of receiving the request. The third party has ten days from receipt to make representation. The PIO decides within forty days of the request and informs the third party in writing, with a statement of the right to appeal under section 19.

Section 24 is different. It does not exempt kinds of information; it takes certain organisations outside the Act. The Central Government's intelligence and security organisations in the Second Schedule are excluded, and State Governments may notify theirs. But information on allegations of corruption and human rights violations is not excluded. For human rights information, the approval of the Central or State Information Commission is needed, and it must be given within forty-five days.

Key rules to remember

General rule of section 8(1): No obligation to disclose information falling in clauses (a) to (j); Applies notwithstanding anything else in the Act.
Conditional exemptions with public interest test: Clause (d) trade secrets, clause (e) fiduciary, clause (j) personal information; Disclosure if larger public interest warrants or justifies it. In (j), the PIO or appellate authority must be satisfied; in (d) and (e), the competent authority.
Public interest override: Section 8(2): access may be allowed if public interest in disclosure outweighs harm to protected interests; Operates despite the Official Secrets Act, 1923 and section 8(1) exemptions. The word is 'may', not 'shall'.
Twenty-year rule: Section 8(3): events 20 years old before the request must be provided, subject to clauses (a), (c) and (i); Disputes on computing the date are decided by the Central Government, subject to usual appeals.
Severability: Section 10: give the part of the record that is not exempt and can reasonably be severed; Notice must state reasons, decision-maker's name and designation, fees and review rights.
Third party timeline: Notice within 5 days; third party representation within 10 days of receiving notice; decision within 40 days of request; Section 11(1)-(3). Notice of decision must state the right of appeal under section 19.
Third party appeal: Appeal by third party within 30 days from the date of the order (section 19(2)); The Commission must hear the third party in a second appeal (section 19(4)).
Excluded organisations: Section 24: Second Schedule organisations excluded; corruption and human rights allegations not excluded; Human rights information needs Commission approval and must be given within 45 days.

How to solve Exemptions from Disclosure and Third Party Information questions

Use this order for any problem or theory question on exemptions and third party information.

1Identify the requester, the public authority and exactly what information is sought.
2Check section 24 first: is the body a Second Schedule (or notified State) organisation? If yes, the Act does not apply, unless the request concerns corruption or human rights allegations.
3Match the information to a clause of section 8(1) and name it. Quote its key words.
4Ask whether the clause has a public interest test (d, e, j) and apply it. Then consider the general override in section 8(2).
5Check section 8(3): is the event more than twenty years old, and is the clause one of (a), (c) or (i)?
6Apply section 10: can any part of the record be severed and given?
7If third party information is involved, apply section 11 with the 5, 10 and 40 day periods, and mention section 19 appeal rights.
8State a clear conclusion: disclose, refuse, or disclose in part.

Quickest way: Four-gate check

When to use it: When time is short and the question is a short fact-based problem.

Gate 1: Is it a section 24 organisation? Stop if yes (subject to the corruption and human rights proviso).
Gate 2: Which clause of section 8(1) applies? Does it have a public interest test?
Gate 3: Is the event older than twenty years, or can the record be severed?
Gate 4: Is a third party involved? Write the 5, 10 and 40 day steps.
Write the conclusion in one line with the section number.

Common mistakes in Exemptions from Disclosure and Third Party Information

Saying every section 8(1) exemption can be overridden by public interest within its own clause.
Students remember the public interest idea and apply it everywhere.
Fix: Only clauses (d), (e) and (j) carry a public interest test in their text. For the others, cite section 8(2) as the general override, which is discretionary.
Treating section 24 as an exemption under section 8.
Both deal with refusal of information.
Fix: Section 8 exempts types of information. Section 24 removes whole organisations from the Act. Mention the proviso on corruption and human rights.
Applying the twenty-year rule to all clauses.
Students remember the period but not the carve-out.
Fix: Section 8(3) is subject to clauses (a), (c) and (i). Old information under those clauses is not automatically released.
Mixing up the third party timelines.
There are three periods: 5, 10 and 40 days, plus 30 days for appeal.
Fix: Write them as a chain: notice within 5 days of request, representation within 10 days of receiving notice, decision within 40 days of request, appeal within 30 days of the order.
Refusing the whole record when only part is exempt.
Students stop once they find an exempt clause.
Fix: Always test section 10. Give the severable non-exempt part and state the notice contents.
Saying the PIO must always refuse third party information.
Confidentiality of the third party is overstated.
Fix: Section 11 only requires notice and consideration of the submission. Except for trade or commercial secrets protected by law, disclosure may be allowed if public interest outweighs harm to the third party.

Worked examples

Example 1

Rohan applies to a public sector bank for a copy of a bidder's technical proposal submitted in a tender, which the bidder marked as confidential and which contains trade secrets. The bank's PIO intends to disclose part of it. Advise on the procedure and the bidder's remedies.

Show the solution

Provision: section 8(1)(d) exempts commercial confidence and trade secrets whose disclosure would harm a third party's competitive position, unless the competent authority is satisfied that larger public interest warrants disclosure.
Section 11(1) applies because the information was supplied by a third party and treated as confidential. The PIO must give written notice to the bidder within five days of receiving the request, stating the intention to disclose and inviting submissions.
Under section 11(2) the bidder gets ten days from receipt of the notice to make representation.
Under section 11(3) the PIO must decide within forty days of the request, keeping the submission in view, and give written notice of the decision to the bidder.
The notice must say the bidder may appeal under section 19 (section 11(4)). Under section 19(2) the bidder must appeal within thirty days from the date of the order. In a second appeal the Commission must give the bidder a hearing (section 19(4)).
Because the proviso to section 11(1) excludes trade or commercial secrets protected by law from the public interest disclosure route, the PIO should treat those parts with care and may sever them under section 10.

Answer: The PIO must follow section 11: notice to the bidder within 5 days, 10 days for representation, decision within 40 days, and notice of the right of appeal. The bidder may appeal within 30 days under section 19(2). Trade secrets protected by law should not be disclosed, and non-exempt parts may be given under section 10.

Example 2

A citizen asks an intelligence organisation listed in the Second Schedule for records showing allegations of human rights violations by its officers. The organisation refuses, saying the Act does not apply to it. Is the refusal valid?

Show the solution

Provision: section 24(1) says the Act does not apply to the intelligence and security organisations in the Second Schedule.
The first proviso says information on allegations of corruption and human rights violations is not excluded.
The second proviso says such human rights information can be given only after approval of the Central Information Commission, and, notwithstanding section 7, within forty-five days from receipt of the request.
Applying this: the organisation cannot simply say the Act does not apply. The request concerns human rights allegations, so it falls within the proviso.
Disclosure is still not automatic. The CIC's approval is needed first. Section 8 exemptions such as clause (g) or (h) may also be considered on the facts, as the information is otherwise sought under the Act.

Answer: The refusal on the bare ground of section 24 is not valid. Information on allegations of human rights violations is not excluded, but it can be provided only with the approval of the Central Information Commission and within 45 days of the request.

Exam tips

Write the section number with every point: 8(1), 8(2), 8(3), 10, 11, 24, 19. Examiners reward this.
Structure answers as provision, facts, conclusion. For problems, name the clause of section 8(1) before concluding.
Learn the list of section 8(1)(a) to (j) by keywords: sovereignty, court, privilege, trade secret, fiduciary, foreign confidence, life and safety, investigation, cabinet, personal.
For third party questions, draw the 5-10-40-30 day timeline in your answer.
Do not forget the provisos: cabinet decisions after the matter is over, and corruption and human rights under section 24.

Practice questions from Right to Information Law

Exemptions from Disclosure and Third Party Information: frequently asked questions

Can public interest override an exemption under the RTI Act?

Yes, in two ways. Clauses (d), (e) and (j) of section 8(1) have their own public interest test. Section 8(2) also lets a public authority allow access if the public interest in disclosure outweighs the harm to protected interests.

What is the difference between section 8 and section 24 of the RTI Act?

Section 8 exempts certain kinds of information from disclosure. Section 24 excludes certain intelligence and security organisations from the Act altogether. Even then, information on corruption and human rights allegations is not excluded.

What is the third party procedure under the RTI Act?

Under section 11, the PIO gives the third party written notice within five days of the request. The third party has ten days from receipt to object. The PIO decides within forty days of the request and informs the third party, who may appeal under section 19.

What is severability under section 10 of the RTI Act?

If a record contains both exempt and non-exempt information and they can reasonably be separated, the non-exempt part must be provided. The PIO gives a notice with reasons, fees and review rights.

Is information older than twenty years always disclosable?

No. Section 8(3) requires disclosure of twenty-year-old information, but it is subject to clauses (a), (c) and (i) of section 8(1). Those categories can still be refused.