Monday, May 6, 2013

Exemptions from Disclosure according to RTI Act.

The right to seek information from a public authority is not absolute. Sections 7of the Act enumerates the categories of information which are exempt from disclosure.
At the same time the Schedule attached to the Act contains the names of the Organizations which are exempt from the purview of the Act.

 The exemption of the organization, however, does not cover supply of information relating to allegations of corruption and human rights violations.

The applicants should abstain from seeking information, which is exempt under Section 7,  from the organizations included in the Schedule except information relating to allegations of corruption and human right  violations.

The list of exempted organizations as per RTI Act, 2009 is given below:
1. National Security Intelligence (NSI),
2. Directorate General Forces Intelligence (DGFI),
3. Defence Intelligence Units,
4. Criminal Investigation Department (CID), Bangladesh Police,
5. Special Security Force (SSF),
6. Intelligence Cell of the National Board of Revenue,
7. Special Branch, Bangladesh Police,
8. Intelligence Cell of Rapid Action Battalion (RAB).

Inapplicability of this Act in case of certain organizations and institutions
(1) Notwithstanding anything contained in any provisions of this Act, this Act shall not apply to the organisations and institutions which are involved in state security and intelligence mentioned in the Schedule.

(2) Notwithstanding anything contained in sub-section (1), this section shall not apply to such information that are pertaining to corruption and violation of human rights in the above-mentioned organisations and institutions.

(3) On receipt of any request for information under sub-section

(2) the concerned organisation or institution shall, subject to the approval of the Information Commission, provide the applicant with the requested information within 30 (thirty) days from the date of receipt of such request.

(4) The Government if necessary may, in consultation with the Information Commission, amend the Schedule increasing or decreasing the number of organisations and institutions mentioned in the Schedule by a notification published in the official Gazette from time to time.


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