Can particulars of pensioner’s children be disclosed under RTI?
30 Mar, 2013
Background
The appellant filed an application under the Right to Information (RTI) Act with the State Bank of India (SBI) seeking information regarding particulars of the handicapped children proposed by the bank employees as legal heirs for getting family pension; details of candidates for family pension rejected by the bank; and particulars about the pensioners of the Navy and Military Drawing pension from the bank. The Public Information Officer (PIO) denied information on the grounds that it is personal information which is exempt from disclosure under section 8(1)(j)
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
of the RTI Act. The PIO further stated that the pensioners were also the account holders and that this information was held by the bank in fiduciary capacity under section 8(1)(e)
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
of the RTI Act.
Proceedings
During the hearing before the Central Information Commission (CIC) the respondent stated that the RTI application centered on the issue of the bank’s approach to the payment of family pension connected with bank employees to be given to the handicapped wards of such pensioners. The respondent also stated that the reply to the appellant cited section 8(1)(e)
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
and section 8(1)(j)
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
of the RTI Act for denying information to the appellant taking into account that the appellant was not connected in any way with the information. The respondent further stated that the bank’s view was that unnecessary invasion of privacy should be avoided where there were handicapped children and family sensitivities had to be recognized. The appellant did not participate in the hearing.
View of CIC
The Commission rejected the appeal stating that the response given by the respondent to the appellant is in conformity with the RTI Act.
Citation: Mr. Nagesh Ganesh Patil v. State Bank of India in Decision No. CIC/DS/A/2011/003875/VS/02554
RTI Citation : RTIFI/2013/CIC/1160
Click here to view original RTI order of Court / Information Commission