Severability of Information under RTI Act

Article

Severability of Information under RTI Act

 

The Right to Information Act, 2005 makes a provision for severability of information i.e. the one which can be given and the other which cannot be given that being covered under any exemption clause. It facilitates giving part of information that can reasonably be provided by severing that part of the request. Section 10 of the Act deals with this aspect. 

This is a provision that helps the Public Information Officer in providing maximum information instead of rejecting the request outright, when used carefully and properly. There may be cases where it may not be possible to reject the demand for the entire longer documents. As such careful severing would lead to the release of the non-exempt material. 

Partial access to Information: A request for access to information if rejected on the ground that it is in relation to information which is exempt from disclosure, then, 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. [Section 10(1)] 

Notice to Applicant: The Public Information Officer shall give a notice to the applicant, informing that only part of the record requested, after severance of the record containing information, which is exempt from disclosure, is being provided. [Section 10(2)(a)] 

Reasons for Severance to be given The Public Information Officer shall give reasons for severance, including any findings on any material question of fact, referring to the material on which those findings were based. [Section 10(2)(b)] 

Particulars of officer to be given: The Public Information Officer shall intimate the name and designation of the person giving the decision in severability cases. [Section 10(2)(c)] 

Right to Review of Decision: The Public Information Officer shall inform the applicant about 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 to whom appeal can be made or the Central or State Information Commission, time limit, process and any other form of access. [Section 10(2)(e)] 

In view of the above when a part of the information is severed as per above section the Public Information Officer should: 

  • Inform the applicant that some exempted part of the information is being severed as the same cannot be supplied, it being exempt.
  • The reasons for denying information as per section 8 (1) or any other section or order be conveyed to the applicant and also how the section is applicable.
  • The name and designation of the officer who has decided to exempt part of information may be conveyed.
  • Details of the fees to be paid by the applicant, if any, showing the calculations.
  • Details of the first Appellate Authority including name, designation, and address, and the time within which the first appeal should be made, i.e. 30 days.

 


FAQs

Q.1.     Can an applicant ask for minutes of Departmental Promotion Committee?

Ans.1. Since the minutes of Departmental Promotion Committee may contain the grading of Annual Performance Report it may be provided by severing the APR grading or any other severable part? 

Q.2.     Can the applicant be shown the information which cannot be given?

Ans.2.The information that cannot be provided cannot be shown as per decision of Central Information in some cases.

  

Location: India

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