The terms ‘Right to Information’ (RTI) ‘and Freedom of Information’ (FOI) are interchangeably used but the underlying meaning is the same. – to have the ability to access information.
‘Information’ as a term has been derived from the Latin words ‘Formation’ and ‘Forma’ which means giving shape to something and forming a pattern, respectively. However, the word information in these terms is used in a certain context. It denotes to that information which is held by the government. The information held by the government belongs to the people and the government and its functionaries are custodians of this information for the time being. It belongs to the people because it is primarily the sum total of a collection of facts about the people and the country.
Will be provided by PIO-KPIC
A public body shall not be required to disclose information which falls within the scope of the exceptions provided for in sections 15 to 21 of this Act, provided that:
(a) exceptions in other laws (secrecy provisions) may not extend the scope of the exceptions in this Act, although they may elaborate on an exception thatis provided for in this Act;
(b) the fact that information has been classified is irrelevant to the question of whether or not it falls within the scope of the exceptions provided for in this Act, which must always be accessed directly, at the time of a request, based on clear and objective considerations;
(c) where only part of a record or the information falls within the scope of the exceptions provided for in this Act, that part shall be severed and the rest of the record or information shall be provided to the requester;
(d) even where information falls within the scope of an exception provided for in this Act, the information shall still be provided to the requester where, on balance, the overall public interest favours disclosure of the information;
(e) for the purposes of clause (d), there shall be a strong presumption in favour of the disclosure of information that exposes corruption, criminal wrongdoing, other serious breaches of the law, human rights abuse, or serious harm to public safety or the environment; and
(f) the exceptions set out in sections 15 to 18 of this Act, shall cease to apply after a period of twenty years, provided that this may be extended, in exceptional cases, for up to a maximum of another fifteen years, with the approval of the Information Commission.
Section 15 to 21
- International relations and security
- Disclosure harmful to law enforcement
- Public economic affairs
- Policy making
- Legal privilege
- Commercial and confidential information
- Third parties