Demystifying the RTI Act: Knowing Your Rights, Exemptions & When to Seek Legal Help

The Right to Information (RTI) Act, of 2005, offers every citizen the right to obtain information from a public authority, making it one of the most empowering laws seen so far in India. The RTI Act has fundamentally altered the relationship between the State and the citizen in terms of access to information and increased openness and accountability in governance.

Whether it was monitoring the expenditure of public money, getting an explanation on how the government works, or making sure the help you are eligible for, and even in monitoring the availability of necessary goods and services, the RTI Act gave the environment for involving your State. But the legislation that regulates the RTI process is complicated and is best handled with professional guidance by way of an RTI lawyer.

What is Section 8 of the RTI, and what exemptions are defined there?

While the RTI Act establishes a platform for accessing information, Section 8 defines the exemptions to this right. Exemptions include information pertaining to national security, personal information not related to public body work, and information which can prejudice the life or safety of an individual. Section 8 enumerates a number of exemptions as they apply to the abuse of information by the requesting party.

For instance, intelligence agencies are exempt under this Section if information pertains to the activities of the agency. There may be a vague process to arrive at a legal access to information request, and therefore, it becomes important to look into what an exemption is, to a level where guidance from an experienced RTI lawyer might be useful when your access request is rejected under Section 8 of the RTI Act.

Recent Amendments to the RTI Act

The recent amendments to the RTI Act, particularly the 2019 amendment, were controversial amendments that attracted significant debate.

The provisions brought about by the recent amendments to the RTI Act allowed the central government to make rules regarding the term, remuneration and service conditions of the Chief Information Commissioner (CIC) and Information Commissioner. The critics of the amendments argued that this would undermine any independence for such bodies. While there is not much argument about the existence of the basic right to information, and the nothing we have discussed impacts this right, laws like amendments to the RTI Act mean you must remain informed, and if need be, challenge any rulings, which an RTI lawyer is best placed to help you do.

When should you call an RTI Lawyer?

Requesting an RTI is a simple thing, but complicated once an RTI response refusal, delay, or partial disclosure event happens, especially with a Section 8 reference. You can consult with an RTI attorney when confused regarding your rights here.

An RTI lawyer can help you prepare your appeals to the First Appellate Authority, represent you before the State or Central Information Commissions and help you word your questions as legally as possible.

Conclusion

Empowerment of the citizens by way of the RTI Act is a significant legislative achievement, however, effective and proper implementation of the Act remains a matter without legal insight. An RTI attorney can guide you through your rights and Section 8 available exemptions, and represent you in cases of unreasonable refusal, particularly post-amendments to the RTI Act. An RTI attorney ensures your right to know is not constrained by administrative formalities.