What constitutes “information” under the RTI Act, 2005 — complete guide on the definition, scope, and key explanations:
Step 1: Section 2(f) — the statutory definition. (a) Section 2(f) of the RTI Act, 2005 defines “information” as: “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force, (b) the definition is broad and inclusive — it covers: (i) any material (in any form — physical, electronic, digital, audio, video, etc.), (ii) records and documents (files, registers, ledgers, correspondence, etc.), (iii) memos and e-mails (internal communications — and external correspondence), (iv) opinions and advices (legal opinions, expert advice, internal notes — and file notings), (v) press releases and circulars (official communications — and policy documents), (vi) orders (administrative orders, judicial orders, quasi-judicial orders), (vii) logbooks and contracts (operational records — and commercial agreements), (viii) reports and papers (research reports, inquiry reports, audit reports, committee reports), (ix) samples and models (physical samples — and models — e.g., a sample of adulterated food — or a model of a building), (x) data material in electronic form (databases, spreadsheets, digital records, server logs, CCTV footage), (xi) information relating to private bodies (which can be accessed by a public authority — under any other law — e.g., a private company's environmental report — accessed by the Pollution Control Board — under the Environment Protection Act).
Step 2: Key aspects of the definition. (a) “any material in any form”: the form does not matter — the information can be in physical form (paper, file, register), electronic form (e-mail, database, server log), audio form (recording, phone call), video form (CCTV, video), or any other form — the PIO cannot refuse — on the ground that the information is not in a particular form, (b) “held by a public authority”: the information must be held by — or under the control of — a public authority — defined under Section 2(h) — which includes government departments, public sector undertakings, and substantially financed bodies, © “information relating to private bodies”: the RTI Act covers private bodies — but only indirectly — if the information can be accessed by a public authority — under any other law — e.g., (i) a private company's environmental compliance report — accessed by the Pollution Control Board, (ii) a private school's fee structure — accessed by the Education Department, (iii) a private hospital's bed availability — accessed by the Health Department — the citizen can file RTI with the public authority — to get the private body's information — that the public authority can access.
Step 3: File notings — are they information? (a) yes — file notings are information — under Section 2(f) — and the citizen has the right to access file notings — this was a major controversy — and the government attempted to exclude file notings — through an amendment — but the amendment was not passed — and the CIC and the courts have held that file notings are information — and are accessible — under the RTI Act, (b) the CIC has held in multiple orders (including Adesh Pratap Singh Kairon v. State of Punjab — and subsequent orders) that file notings are information — and the PIO must provide them — unless they are exempt under Section 8, © the Supreme Court has upheld (in CBSE v. Aditya Bandopadhyay — 2011) that file notings are information — but the opinions and advices contained in the file notings may be exempt — under Section 8(1)(d) (commercial confidence) — or Section 8(1)(j) (personal information) — depending on the content.
Step 4: What is NOT information? (a) the RTI Act does not require the PIO to: (i) create information (the PIO is not required to create new information — or to compile information — or to answer questions — that require analysis or research — under Section 6(1) — the PIO must provide information that is held — not create new information), (ii) answer hypothetical questions (the PIO is not required to answer questions — that are hypothetical — or that seek opinions — or that ask for advice — the PIO must provide factual information — that is held by the public authority), (iii) provide information that is not held (if the information is not held by the public authority — the PIO must inform the applicant — under Section 6(3) — and transfer the application — to the public authority that holds the information), (b) the CIC has held that: (i) the PIO is not required to answer questions (the RTI Act is not a tool for obtaining answers to questions — but for accessing records — and documents — the applicant should seek specific information — not ask questions), (ii) the PIO is not required to explain (the PIO must provide the information — not explain the information — or interpret the information — the applicant can seek clarification — through a separate application — or through the appeal process).
Step 5: Information in electronic form. (a) the RTI Act covers information in electronic form — including: (i) e-mails (official e-mails — sent or received by the public authority), (ii) databases (government databases — like the Aadhaar database, the NPR, the electoral roll, the land records, etc.), (iii) server logs (server access logs — and audit logs — and security logs), (iv) CCTV footage (CCTV recordings — of public offices — and public places — under the control of a public authority), (v) digital records (scanned documents — and digital files — and electronic registers), (b) the PIO must provide the information in the electronic form — if the applicant requests — under Section 7(1) — and the CIC has held that the PIO must provide: (i) the e-mail (if held by the public authority — and not exempt), (ii) the database extract (if the applicant seeks specific data — from the database — and the data is not exempt), (iii) the CCTV footage (if the footage is held — and is not exempt — under Section 8(1)(g) — or Section 8(1)(j)).
Step 6: Information relating to private bodies. (a) the RTI Act covers private bodies — indirectly — under Section 2(f) — “information relating to any private body which can be accessed by a public authority under any other law for the time being in force”, (b) examples: (i) a private company's environmental compliance report (accessed by the Pollution Control Board — under the Environment Protection Act, 1986), (ii) a private school's fee structure and admission records (accessed by the Education Department — under the Right to Education Act, 2009), (iii) a private hospital's bed availability and patient records (accessed by the Health Department — under the Clinical Establishments Act, 2010), (iv) a private telecom company's call records (accessed by the police — under the Criminal Procedure Code, 1973), (v) a private bank's loan records (accessed by the RBI — under the Banking Regulation Act, 1949 — or by the Income Tax Department — under the Income Tax Act, 1961), © the citizen can file RTI with the public authority (that can access the private body's information — and the public authority must provide the information — unless exempt under Section 8), (d) the CIC has held (in several orders) that the public authority cannot refuse — on the ground that the information belongs to a private body — if the public authority can access the information — under any other law.
Step 7: Practical tips. (a) be specific (seek specific records — not vague information — and mention the document type — and the date — and the reference number), (b) seek file notings (if you want to know the decision-making process — seek file notings — which are information — under Section 2(f)), © seek electronic records (if the information is in electronic form — request the electronic format — e.g., the e-mail, the database extract, the CCTV footage), (d) seek private body information (if the information is with a private body — file RTI with the public authority — that can access the information — under any other law), (e) do not ask questions (the RTI Act is for accessing records — not for obtaining answers — ask for specific documents — not for opinions or explanations), (f) Example: A citizen filed RTI with the Pollution Control Board — asking for the environmental compliance report of a private factory — the PIO refused — saying the information belongs to a private body — the citizen filed a first appeal — the FAA held that the information is accessible — under the Environment Protection Act — and directed the PIO to provide the report — the citizen got the report — which showed that the factory was violating the environmental norms — and the citizen used the report — to file a complaint — and to get the factory penalised.