How to override section 8 exemptions using public interest?
I want to get the information that is exempt under section 8 of the RTI Act. Can I override the exemption by citing public interest? How can I do it?
Know the practical answer?
Share the record to ask for, the authority to approach, or the next appeal step.
Discussion
4 repliesYes, you can override the exemption under section 8(2) of the RTI Act, which states that the information can be disclosed if it is in the public interest. You need to provide a justification for why the information is in the public interest and why it outweighs the harm that may be caused by its disclosure.
Section 8 exemptions cannot be overridden by citing public interest. The exemptions are absolute.
You can try to get the information under section 10 of the RTI Act, which allows for severability of information. If the PIO can separate the information that is not exempt, they may be able to provide you with the required information.
You should file the application under the right category, public interest is not a valid reason to override section 8 exemptions.