APPLYING THE LAW

Responding to Requests: Partial Disclosure

You should remember that it is possible for information to be only partially withheld/released. This might happen where some of the information in the documents requested is sensitive and falls under an exemption, but the remainder is harmless. In such cases, the sensitive information should be removed or blacked out from the record, and the remainder of the information can still be released.

Section 10(1) of the Central Act permits partial disclosure of information. This makes good sense because public officials should only be able to withhold those pieces of information or portions of documents which are specifically covered by an exemption. If a 30 page document contains only 1 page of exempt information, it is not appropriate to withhold the entire document.

Section 10(2) of the Central Act specifies the content of decision notice where information is being only partially disclosed, requiring at a minimum that the requester is information:

• That only part of the record is being provided;
• The reasons for the decision, including any findings on any material questions of fact, referring to the material on which those findings were based;
• The name and designation of the person giving the decision;
• The details of the fees, including calculations;
• Right with respect to review of the decision regarding non-disclosure of part of the information, the amount of the fee or the form of access, including details of the "appellate authority", time limits, the process and any forms.
  

Please click on the link to the Central RTI Act to read the detailed provisions contained in the law. Please click on the link to CHRI's State RTI pages to find out more about relevant rules and implementation in your specific State.