Information relating to foreign banks PF Funds (Trusts) being recognized under EFP Act, 1962 was denied as third party objected to disclosure - CIC: provide a copy of Trust deed/rules, after deleting any information of personal nature exempt u/s 8(1)(j)
18 Feb, 2014FACTS
Vide RTI dt 10.4.12, appellant had sought information on 4 points and subpoints relating to foreign banks PF Funds (Trusts) being recognized under the EFP Act, 1962.
2. CPIO vide letter dt 15.5.12, informed appellant that the information sought was personal and hence denied u/s 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. .
3. An appeal was filed on 21.5.12.
4. AA vide order dt 19.6.12, observed that copies of documents and information sought relate to third party i.e. HSBC Indian staff Provident Fund. A reference was made to them. The third party objected to information being made available to the appellant. AA upheld the decision of the CPIO and disposed of the appeal.
5. Submissions made by the appellant and public authority were heard.
DECISION
6. The Commission directs CPIO to provide a response to each of the queries raised by the appellant as also to provide a copy of the Trust deed/rules, after deleting any information of personal nature which qualifies u/s 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. of the RTI Act, within three weeks from date of receipt of this order. The appeal is disposed of.
(Rajiv Mathur)
Central Information Commissioner
Citation: Shri R. Ravikumar Rao v. ITO (HQ) and DIT, International Taxation-II in File No.CIC/RM/A/2013/001303