Frequently Asked Questions and Answers

As per Sec 10 of the Act, whenever a request for access to information is rejected as it is exempted from disclosure, part of the record that does not contain any exempted information, can reasonably be severed from such part that contains the exempted information and provided.

Here the PIO shall within 5 days from the receipt of the request, give a written notice to the 3rd party of the request and the PIO's intention to disclose the information or record. The 3rd party may make a submission regarding whether the information should be disclosed or not. The submission shall be kept in view while taking a decision before disclosing by the PIO.

PIO has to give reasons of rejection and not merely quote the bare clause of the Act.  The PIO is expected to intimate clearly as to how s/he came to the conclusion that rule 8(1) was applicable in the particular case, through a speaking order.  The applicant, is entitled to receive clear-cut replies for all his/her queries.  S/he has to give his/her name, and also the time limit within which appeal can be preferred and also the name, address of Appellate officer in his/her communication.

Sometimes information may fall under exemption under Sec 8, but still PIO can disclose ‘if public interest in disclosure outweighs the harm to the protected interests’.  In such cases the PIO may record the following:

•   factors favoring public interest in disclosure

• factors favoring non-disclosure

• Documents produced by requester as evidence to prove public interest.

• How and why the factors favoring the above are more important as to take a decision to disclose or not.