What is Grounds for rejection to access in certain cases? What is Severability? Section 9 and 10 of Right to Information Act 2005
Grounds for rejection to access in certain cases and Severability are defined under Section 9 and 10 of Right to Information Act 2005. Provisions under these Sections are:
Section 9 of RTI Act 2005 "Grounds for rejection to access in certain cases"
Without prejudice to the provisions of section 8, a
Central Public Information Officer or a State Public
Information Officer, as the case may be, may reject a
request for information where such a request for providing
access would involve an infringement of copyright subsisting
in a person other than the State.
Section 10 of RTI Act 2005 "Severability"
(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.
(2) Where access is granted to a part of the record under
sub-section (1), the Central Public Information Officer or
State Public Information Officer, as the case may be, shall
give a notice to the applicant, informing -
(a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
(b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
(c) the name and designation of the person giving the decision;
(d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
(e) his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access.
RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC
THE CENTRAL INFORMATION COMMISSION