8
THE GAZETTER OF INDIA EXTRAORDINARY
[PART II—
(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 the disclosure of which has
no relationship to any public activity or interest, or which would cause unwarranted
invasion of the privacy of the individual unless the Central Public Information Officer
or the State Public Information Officer or the appellate authority, as the case may be,
is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a
State Legislature shall not be denied to any person.
19 of 1923.
(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.
(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 secton 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 appeals provided for in this Act.
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