Page 200 - DMGT401Business Environment

Unit 8: Legal Environment

2. Information which has been expressly forbidden to be published by any court of law or Notes
tribunal or the disclosure of which may constitute contempt of court;

3. Information, the disclosure of which would cause a breach of privilege of Parliament or
the State Legislature;
4. 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;
5. 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;

6. Information received in confidence from foreign Government;
7. 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;
8. Information which would impede the process of investigation or apprehension or
prosecution of offenders;
9. Cabinet papers including records of deliberations of the Council of Ministers, Secretaries
and other officers;
10. 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;
11. 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.
Can there be permission for partial disclosure? Only that part of the record which does not
contain any information which is exempt from disclosure and which can reasonably be severed
from any part that contains exempt information, may be provided. [S.10]
The List of those who are Excluded?: Central Intelligence and Security agencies specified in the
Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic
Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research
Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau,
Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar
Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments
through a Notification will also be excluded. The exclusion, however, is not absolute and these
organizations have an obligation to provide information pertaining to allegations of corruption
and human rights violations. Further, information relating to allegations of human rights
valuations could be given but only with the approval of the Central or State Information
Commission, as the case may be [S.24)].

8.3.2 Procedure for Request of Information

The application procedure for requesting information is such that one can apply in writing or
through electronic means in English or Hindi or in the official language of the area, to the PIO,
specifying the particulars of the information sought for. While applying one should mention
the reason for seeking information are not required to be given. One should also submit the fees
as may be prescribed (if not belonging to the below poverty line category).

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