pio-section-8-1-f-foreign-relations
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| + | ====== Section 8(1)(f) RTI Act: Information from Foreign Governments — Rules and Guide (2026) ====== | ||
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| + | <WRAP center round tip 95%> | ||
| + | **Need help drafting this RTI?** Use our free **[[: | ||
| + | </ | ||
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| + | **Section 8(1)(f) of the RTI Act, 2005 exempts information received in confidence from a foreign Government. The exemption protects international comity and diplomatic practice. It does not protect information that is merely //about// foreign relations — only records received from a foreign State in confidence.** | ||
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| + | Part of the **[[: | ||
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| + | ===== Quick Answer: Section 8(1)(f) ===== | ||
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| + | * **Covers** — records received in confidence from a foreign Government. | ||
| + | * **Key words** — //received in confidence// | ||
| + | * **Not covered** — MEA's internal analysis; concluded treaties already published; public diplomatic statements. | ||
| + | * **PIO must show** — the confidence condition at the time of receipt. | ||
| + | * **Override** — §8(2) public interest applies but rarely displaces international confidence. | ||
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| + | ===== When Does §8(1)(f) Apply? ===== | ||
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| + | ^ Situation ^ Disclosable? | ||
| + | | Note verbale from a foreign embassy marked " | ||
| + | | Published UN resolution | **Yes** | Not received in confidence. | | ||
| + | | MEA's internal brief on a foreign visit | **Case-by-case** | §8(1)(f) only for parts received from foreign side; internal analysis under §8(1)(i). | | ||
| + | | Signed and published bilateral treaty | **Yes** | Public once notified in Gazette. | | ||
| + | | Private diplomatic communication from a foreign Head of State | **No** | Received in confidence — §8(1)(f). | | ||
| + | | Aggregate count of visa refusals by country | **Yes** | Not received in confidence; administrative data. | | ||
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| + | ===== Statutory text — Section 8(1)(f) ===== | ||
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| + | >// | ||
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| + | >(f) information received in confidence from foreign Government;// | ||
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| + | ===== Landmark case law ===== | ||
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| + | * **// | ||
| + | * **//CIC on India-US civil nuclear cooperation file//** (CIC 2011) — §8(1)(f) protects communications from US authorities; | ||
| + | * **//Aditya Kumar v. MEA//** (CIC 2019) — Concluded treaties published in Gazette are disclosable. | ||
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| + | Browse the **[[: | ||
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| + | ===== PIO decision framework — §8(1)(f) ===== | ||
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| + | - **Locate the record** and determine whether §8(1)(f) even plausibly applies. | ||
| + | - **Record specific reasons** in writing linking the record to the statutory harm head. | ||
| + | - **Check §8(2) public-interest override** and record the balancing. | ||
| + | - **Sever under §10** where non-exempt portions can be released. | ||
| + | - **Issue §11 notice** if a third party' | ||
| + | - **State the appeal route** — 30-day First Appeal under §19(1) to the FAA. | ||
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| + | ===== Common mistakes ===== | ||
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| + | * **Blanket invocation** without reasoned harm analysis — fails First Appeal review. | ||
| + | * **Skipping §8(2)** — public interest must be examined even on denial. | ||
| + | * **Ignoring §10 severability** — PIO must sever and release the non-exempt part. | ||
| + | * **Generic labels** (" | ||
| + | * **Out-of-date assertion** — the harm trigger may have ceased; PIO must assess // | ||
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| + | ===== FAQs — People Also Ask ===== | ||
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| + | **Q1. Is everything handled by MEA §8(1)(f)? | ||
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| + | No. Only records //received in confidence from a foreign Government// | ||
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| + | **Q2. Does a published treaty attract §8(1)(f)? | ||
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| + | No. Once published it is disclosable. Negotiating drafts may still be confidential. | ||
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| + | **Q3. What if the foreign Government waives confidence? | ||
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| + | The exemption ends with the waiver. PIO can seek a clarification. | ||
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| + | **Q4. Can §8(2) override §8(1)(f)? | ||
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| + | Yes in principle, but Indian courts are very cautious — respecting international comity. | ||
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| + | **Q5. How old does a record have to be to lose §8(1)(f)? | ||
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| + | No fixed period. The test is whether the original confidence still attaches; 25 to 30 years is a common threshold. | ||
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| + | ===== What Should You Do Next? ===== | ||
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| + | * **Sibling exemption frameworks: | ||
| + | * **Procedure: | ||
| + | * **Appeal review:** [[: | ||
| + | * **Full Act text:** [[: | ||
| + | * **Landmark rulings:** [[: | ||
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| + | ===== Related reading ===== | ||
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| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
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| + | ===== Sources ===== | ||
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| + | * Right to Information Act, 2005 — §8(1)(f), §8(2), §10, §11. | ||
| + | * Digital Personal Data Protection Act, 2023 — §44(3), notified effective 14 November 2025. | ||
| + | * Supreme Court and High Court judgments cited above. | ||
| + | * CIC and State Information Commission decisions as indexed in our [[: | ||
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| + | ---- | ||
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| + | //Last reviewed: 24 April 2026.// | ||
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| + | {{tag> | ||
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