Public interest override
Also called: Section 8(2) of the RTI Act · Topic: Transparency, Accountability and e-Governance · NCERT: Beyond NCERT
Meaning
The public interest override is Section 8(2) of the RTI Act 2005. It lets a public authority disclose information even if one of the Section 8(1) exemptions covers it, and even if the Official Secrets Act 1923 covers it. The test is whether the public interest in disclosure is greater than the harm to the protected interest. After the DPDP Act 2023 rewrote the personal-information exemption (s.8(1)(j)), critics say this is the main public-interest test left for personal data.
Example
Information may be exempt because it is commercial confidence. If it shows misuse of public money in a government contract, the authority can still disclose it because the public benefit is greater than the harm.
Don't confuse with
- The 20-year rule (s.8(3)): most exemptions lapse after 20 years, but not (a), (c) and (i). This depends on time passing. The override depends on weighing public interest.