Module 03 — §8 exemptions and how to defeat them

anonymous@undisclosed.example.com (Anonymous) — Sun, 03 May 2026 08:32:40 +0000

2026/05/03 12:09	current
Line 1:	Line 1:
	+	{{htmlmetatags>metatag-keywords=(journalists module 03, §8 exemptions and how to defeat them)&metatag-description=(RTI for Journalists — Investigative Filing Course — Module 03: §8 exemptions and how to defeat them. Defeat the most-common refusals on appeal.)}}
	+
	+	====== Module 03 — §8 exemptions and how to defeat them ======
	+
	+	{{ :social:auto:journalists-module-03.png?direct&1200 \|RTI for Journalists — Investigative Filing Course Module 03}}
	+
	+	<WRAP center round info 95%>
	+	Goal: Defeat the most-common refusals on appeal.
	+	</WRAP>
	+
	+
	+
	+	RTI for Journalists — Investigative Filing Course — Module 03: §8 exemptions and how to defeat them. Defeat the most-common refusals on appeal.
	+
	+	===== §8(1)(d) — "Commercial confidence, trade secrets, intellectual property" =====
	+
	+	Most-abused exemption. Defeats:
	+
	+	- Time-bound test: post-award records are NOT commercial confidence. Tender is over; the bidders' competitive interest is over.
	+	- Public-interest override (§8(2)): where the contract value is large and public funds are involved, public interest demands disclosure.
	+	- Severability (§10): even if part is exempt (e.g. proprietary algorithms), the rest (price, scope, dates) is disclosable.
	+
	+	Precedent: Reliance Industries v. CIC — SC narrowed §8(1)(d) to genuinely competitive information, not all 'business' records.
	+
	+	===== §8(1)(e) — "Fiduciary relationship" =====
	+
	+	Defeats:
	+
	+	- Statutory-duty test (post-March-2026 SC in Patel): records held while doing the authority's job are NOT fiduciary. Only entrusted-trust data is.
	+	- Two-party test: a fiduciary relationship requires identifiable parties. Generic "public records" don't have one.
	+	- Public-interest override: especially for regulator records (banks, audit firms, contractors).
	+
	+	Precedent: RBI v. Jayantilal Mistry (2015) — RBI cannot use §8(1)(d) or (e) to shield bank inspection reports.
	+
	+	===== §8(1)(h) — "Investigation, apprehension, prosecution" =====
	+
	+	Defeats:
	+
	+	- Named-FIR test (Kerala SIC Full Bench Jan 2026): generic "investigation" claims are insufficient; PIO must name the FIR/PE.
	+	- Closed-investigation rule: once the chargesheet is filed or closure report submitted, §8(1)(h) lifts.
	+	- Public-interest override: for systemic issues (Vyapam, NSE-co-location), public interest in disclosure outweighs the marginal investigation impact.
	+
	+	Precedent: Khanapuram Gandaiah — case diaries to non-parties typically refused, but with closure report disclosable.
	+
	+	===== §8(1)(j) — "Personal information" =====
	+
	+	Most cited. Defeats:
	+
	+	- Public-activity test: salary, qualifications-on-appointment, performance reviews of public servants — disclosable (Karnataka HC 9-Feb-2026).
	+	- Substantial-public-interest test: even genuinely personal data is disclosable when public interest is overwhelming.
	+	- Severability: name + designation + post is public; phone/personal address is not. Sever, don't refuse whole.
	+	- DPDP Rules 2026 §4 interplay: data principal's consent is now a relevant factor — for living individuals, the PIO should at minimum issue §11 notice.
	+
	+	===== §24 — "Schedule 2 organisations" =====
	+
	+	R&AW, IB, ED, NIA, etc. listed in Schedule 2 are exempt EXCEPT for "corruption and human rights violations" — that exception is a goldmine.
	+
	+	Framing: never ask R&AW for general activity. Ask for "investigations into corruption involving R&AW personnel" or "records relating to alleged human rights violations attributed to NIA officers in [district]".
	+
	+	The §24 proviso gives a 45-day reply window with CIC oversight.
	+
	+	===== ✅ Quiz =====
	+
	+	Quiz available from your [[:courses:journalists:app\|course dashboard]].
	+
	+	===== Next =====
	+
	+	* [[:courses:journalists:start\|← Course overview]]
	+	* Next: [[:courses:journalists:final]]
	+
	+	//Last reviewed: 24 April 2026.//
	+
	+	{{tag>course journalists module-03}}

Right to Information Wiki

Module 03 — §8 exemptions and how to defeat them