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Can information be denied if it is already available in public domain?

Can information be denied if it is already available in public domain?

24-Aug-2025

R.T.I

Answer By law4u team

Yes. Under the Right to Information Act, 2005, a Public Information Officer (PIO) can refuse to provide information if it is already available in the public domain and can be accessed by the applicant through other means. Key points: • Section 2(j) of the RTI Act defines “right to information” to include access to information held by or under the control of a public authority. • If the same information is proactively published (e.g., on the authority’s website, in a gazette, or through any other public record), the PIO may simply inform the applicant of where and how it can be accessed, instead of supplying a copy. • Denial is not absolute — the PIO must give the exact source or link so the applicant can obtain it. • If the applicant cannot reasonably access the source (e.g., due to disability, cost, or non-functioning website), the PIO should still provide the information.

Answer By Anik

Dear Client, Under the aegis of the RTI Act 2005, a public authority does not usually refuse to provide information that is in the public domain. But they may point you to the source where the info is available. The RTI Act’s aim is to promote transparency and accountability. The RTI definition of “information” includes records that are in the possession of or under the control of a public authority. Although the info may be made public, the public authority that has it is still the holder. The CIC has put forth this guidance. A Public Information Officer may inform the applicant of access to the info, for example, by giving out a web link or a reference to a certain publication. This is put forth as enough response, which in turn fulfils the requirement of the Act. Key Considerations: No Obligation to Re-create: The PIO does not have to produce new information or compile data that is not present in the current records. They are only to present what is already available. Voluminous Requests: If an individual requests a large amount of public info that would, in turn, overbear the public agency’s resources, the PIO may turn down the request or ask the applicant to come in and look at the documents in person. Exemptions: Information may be excluded if it is included in the provisions of sections 8 and 9 of the RTI Act, which, for instance, include what information goes into the privacy of an individual or which would endanger national security. These exemptions are applied on a case-by-case basis. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!

Answer By Ayantika Mondal

Dear Client, No, under the RTI Act information cannot be kept out which is already in the public domain. While some may see the request for public info as redundant a Public Information Officer (PIO) does not have the right to turn a RTI application away on that basis. The point is that the intent of the RTI Act is not to just publish info, but to put it within the reach of all citizens. The Law and Judicial Precedent The RTI Act of 2005 does not include “information which is already in the public domain” as a valid reason for denial in its exemption clauses (Section 8 and 9). Also the Central Information Commission (CIC) and various courts have brought out this principle in many of their judgments. They report to have always that which is available on the web, in government publications, or in a library does not in fact take away a citizen’s right to ask for it. Reasons for this Principle Here is the case for which that position is very much so: Accessibility Issues: Some don’t have easy access to the internet and also may not know how to use a government website to find what they are looking for. Also some citizens may require a certified copy of a docuement which is not available on the web. Proof and Authenticity: Information in the public domain is not put forth as legal in an official sense. Through RTI application issued certified copies are of greater legal value as proof than that of a print out from the web. Varying Formats: A public body may have a document in the public domain but a citizen may require that in a different format which may be a specific electronic file or a hard copy. The public body is to provide the info in the requested format unless it would “disspend" resources. What the PIO Can Do Instead of turning down the request the PIO can: Provide a Reference: PIO to inform the applicant that which info is available to public and to provide the exact link or reference where it may be found. This is the requirement of info provision. Offer the Information: Even after we have provided the reference the PIO is to supply a certified copy if the applicant requests it and pays the required fees. In short the principle is that access to information is a fundamental right. The government is to proactively put out info as put forth in Section 4 of the RTI Act which in turn is to reduce the number of access requests, but it is to also be noted that this does not do away with the public’s right to file for what is already put out. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!