Overview of Schedule 3, section 10(1)(c) RTI Act

Sections 47(3)(a) and 48 of the RTI Act provide that access may be refused to a document to the extent that it comprises 'exempt information'. Schedule 3 sets out the types of information which the Parliament has considered to be 'exempt information' because their disclosure would, on balance, be contrary to public interest.

Section summary

Information is exempt information if it is reasonable to expect that disclosing the information could endanger a person's life or physical safety.

Background

Schedule 3, section 10(1)(c) allows for the safety of individuals who may be affected by disclosure of information to be considered when assessing an access application. This section replicates section 42(1)(c) of the repealed FOI Act with no substantive changes.

Other relevant RTI/IP Act sections

Schedule 3, section 10(1) RTI Act
Schedule 3, section 10(1) contains other exemptions for information relating to law enforcement or public safety.

However, information of the specific types listed in schedule 3, section 10(2) will not be exempt under any of the exemptions contained in schedule 3, section 10(1).

Last updated: March 16, 2012