Bank denied the Techno Economic Viability report conducted by it u/s 8(1)(d) of the RTI Act - CICTEV observed that disclosure would harm the competitive position, trade secrets & intellectual property of the bank – CIC: Provide the outcome of the report

ORDER

1. The appellant, Shri Kovalam B. Ajithkumar, submitted RTI application dated 03.02.2015 before the Central Public Information Officer (CPIO), State Bank of India, Thiruvananthapuram stating that Techno Economic Viability (TEV) Study report was given by the SBI, LHO, Thiruvananthapuram for restructuring the account of Tes and Corc Printing and Publishing (P) Ltd and sought copy of TEV Study Report along with action taken based on that study report.

2. The CPIO vide letter dated 10.02.2015 requested the appellant to remit the RTI fee in prescribed mode of payment i.e. through DD, IPO or cash, as the appellant affixed court stamp and intimated that the information sought was confidential in nature and exempt under the provisions of the RTI Act, 2005. Dissatisfied with the reply of the CPIO, the appellant filed an appeal on 06.03.2015 before the first appellate authority (FAA). The FAA vide order dated 27.03.2015 held that the TEV study conducted by the bank in respect of M/s. Tes & Corc Printing & Publishing (P) Ltd., a customer of the bank. The TEV report was property of the bank involving commercial confidence and exempt u/s 8(1) (d) of the RTI Act.

3. Thereafter, aggrieved with the reply of the respondents, the appellant filed the instant appeal before the Commission on 24.06.2015 on the grounds that information was not related to commercial confidence, which was wrongly denied by the respondents.

4. The matter was heard by the Commission. The appellant’s representative stated that the appellant sought Techno Economic Viability (TEV) report from the respondents. The respondents denied the information u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that 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 including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act. The said study was conducted by the SBI by the orders of the General Manager. The appellant sought information on behalf of the Company and provided vakalatnama to the CPIO. The respondents were not present in spite of a notice of hearing having been sent to them. However, the CPIO vide letter dated 28.01.2016 stated that due to an inadvertent omission, he missed the hearing notice and could not participate in the hearing and regretted for the same. In his written submissions, the CPIO stated that the grounds urged by the appellant in his second appeal were without any merit. The contention of the appellant that the information was not commercial confidence and the disclosure of which would not harm the competitive provision of third party was untenable. The CPIO stated that the Techno Economic Viability (TEV) study conducted by the Bank in respect of M/s. Tes and Corc Printing & Publishing (P) Ltd., a customer of the Bank. The TEV study report is the property of the bank, which involved the commercial confidence and therefore exempt u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that 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 including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act, 2005.

5. The Commission holds that the TEV Study report as sought by the appellant could not be provided to the appellant under the provisions of Section 8(1) (d) of the RTI Act, 2005 which would harm the competitive position, trade secrets and intellectual property of the bank. The Commission finds no reason to intervene with the decision of the respondents. However, the CPIO is directed to provide the outcome on the said report to the appellant within fifteen days of receipt of this order. The appeal is disposed of.

(Manjula Prasher)

Information Commissioner

Citation: Shri Kovalam B. Ajithkumar v. State Bank of India in Case No. CIC/MP/A/2015/001523