Apka Adhikar

RTI: Exemption 8(1)(h)

(h) information which would impede the process of investigation or apprehension or prosecution of offenders;

FOIA 5 U.S.C. §552(b) Exemption (7) has similar provisions:

(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information
(A) could reasonably be expected to interfere with enforcement proceedings,
(B) would deprive a person of a right to a fair trial or an impartial adjudication,

Exemption 7A protects information that could interfere with law enforcement proceedings, thus protecting active investigations. This exemption is applicable only if an investigation is pending or planned and the release of the information will compromise the investigation.

Exemption 7B allows an agency to withhold information that, if released, would deprive a person of the right to a fair and impartial trial. This exemption is aimed at preventing damaging pretrial publicity. In order for this exemption to be claimed, the trial must be truly pending or imminent and the release of the information would seriously interfere with the proceedings.