Section 8 of Right to Information Act:

Section 8(1)

Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—

(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

(f) information received in confidence from foreign Government;

(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

(h) information which would impede the process of investigation or apprehension or prosecution of offenders;

(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:

Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:

Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;

(j) information which relates to personal information, subject to the applicable statutory wording and amendments.

Section 8(2)

Notwithstanding anything in the Official Secrets Act, 1923, nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

Section 8(3)

Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section.

Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeal provisions under this Act.

Important legal update: Section 44(3) of the Digital Personal Data Protection Act, 2023, substituted Section 8(1)(j) with the wording “information which relates to personal information.” This amendment came into force on 13 November 2025. Therefore, the older wording quoted in earlier judgments should not be presented as the current statutory text.

Explained:

The Right to Information Act, 2005, empowers citizens to obtain information from public authorities and promotes transparency and accountability in government functioning. However, the right to information is not absolute. Section 8 of the RTI Act, 2005 specifies certain categories of information that may be exempted from disclosure to protect national security, individual privacy, commercial interests and other legitimate concerns.

What Does Section 8 of the RTI Act Cover?

Section 8 primarily deals with exemptions from disclosure of information. These exemptions include information affecting the sovereignty and security of India, information prohibited from publication by a court, trade secrets, information received in confidence from foreign governments, and material that could endanger a person’s life or safety.

It also covers certain cabinet papers, information relating to investigations and law-enforcement processes, and personal information where disclosure is not justified under the applicable legal standards.

However, these exemptions are not a blanket permission to reject every request. Public Information Officers must examine the nature of the information, the specific exemption claimed and the applicable legal provisions before refusing disclosure.

Section 8 also recognises the importance of public interest. Under Section 8(2), information may be disclosed where the public interest in disclosure outweighs the harm to protected interests, subject to the overriding provisions of the Official Secrets Act, 1923.

Important Judgments on Section 8

1. Central Board of Secondary Education v. Aditya Bandopadhyay (2011)

The Supreme Court explained the scope of access to information under the RTI Act and recognised that disclosure must be considered within the Act’s statutory framework. The judgment also discussed the relationship between transparency, examination records and applicable exemptions.

2. Girish Ramchandra Deshpande v. Central Information Commissioner (2013)

The Supreme Court held that certain personal service records and related information may constitute personal information protected from disclosure, unless the required public-interest justification is established.

3. R.K. Jain v. Union of India (2013)

The Supreme Court considered access to information concerning public officials and emphasised the need to balance transparency with privacy and the statutory exemptions under the RTI Act.

Conclusion

Section 8 of the RTI Act, 2005, balances the citizen’s right to know with the protection of sensitive information. Authorities should apply its exemptions carefully, keeping transparency, privacy and public interest in view.