What are the conditions in which the information can be denied by a PIO?
The rejection of application can be done in the following cases:
(i) Citing exemption under Section 8(1) of the RTI Act.
(ii) Citing exemption under Section 9 of the RTI Act.
Other situations where information can be denied are:-
(i) Citing any article of the Constitution.
(ii) For non-payment / improper payment of application fee.
(iii) If what has been sought in the application is not ‘information’.
(iv) If the RTI Act does not apply to a particular organisation, then citing exemption u/s 24.
(v) If the organisation from whom the information is sought is not a public authority.
The CIC has also relied upon and quoted the Preamble of the RTI Act to claim exemption.
If voluminous information has been sought, information cannot be refused citing section 7(9) which provides for only a change in the form in which it is to be provided.