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CS Executive · Jurisprudence, Interpretation and General Laws · Right to Information Law

Rohit asks a State department for information about a tender decision taken 25 years ago. The department says the information is exempt under section 8(1)(d) on commercial confidence. Which statement is most accurate under the Act?

The information must be provided. Section 8(3) makes the twenty-year rule subject only to clauses (a), (c) and (i) of section 8(1). Since commercial confidence under clause (d) is not among them, it cannot justify refusing a 25-year-old matter.

  1. ASection 8(3) twenty-year rule is subject only to clauses (a), (c) and (i) of section 8(1), so exemption under clause (d) does not stop disclosure of a 25-year-old matterCorrect
  2. BThe twenty-year rule applies only to clause (d) exemptions
  3. CInformation older than twenty years can never be disclosed
  4. DThe twenty-year rule overrides every exemption, including clause (a)

Explanation

Section 8(3) says that, subject to clauses (a), (c) and (i) of section 8(1), information about an occurrence twenty years old must be provided on request. Clause (d) is not in that list, so it does not block disclosure of the 25-year-old matter. Option D is wrong because clauses (a), (c) and (i) still prevail.

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