Decision No. CIC/SM/A/2011/000962/SG/15086 Appeal No. CIC/SM/A/2011/000962/SG. Case: Chairman, Shibli Welfare Society, Camp Office, 13/397, Indira Nagar, Lucknow(U.P)-226016 Vs Public information Officer, Union Bank Of India, 328, Civil Lines, Regional Office, Azamgarh (U.P)-276001. Central Information Commission

Case Number:Decision No. CIC/SM/A/2011/000962/SG/15086 Appeal No. CIC/SM/A/2011/000962/SG
Party Name:Chairman, Shibli Welfare Society, Camp Office, 13/397, Indira Nagar, Lucknow(U.P)-226016 Vs Public information Officer, Union Bank Of India, 328, Civil Lines, Regional Office, Azamgarh (U.P)-276001
Judges:Shailesh Gandhi, Information Commissioner
Issue:Right to Information Act
Judgement Date:October 07, 2011
Court:Central Information Commission
 
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Order:

  1. The FAA seconds the decision of the PIO.

    Grounds For Second Appeal:

  2. Dissatisfied with the reply of the FAA.

    Relevant Facts emerging during Hearing:

  3. Both the parties were given an opportunity for hearing. However, neither party appeared. From a perusal of the papers it appears that the Appellant had sought information about a customer of the bank. The Bank has denied the information claiming exemption under Section 8(1)(d) of the RTI Act. The Commission however rules that this information would be exempt under Section 8(1)(e) of the RT Act. Section 8(1)(e) of the RTI Act exempts information which is held in a fiduciary capacity by the public authority.

  4. Section 8(1)(e) of the RTI Act exempts from disclosure 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;''

  5. The traditional definition of a fiduciary is a person who occupies a position of trust in relation to someone else, therefore requiring him to act for the latter's benefit within the scope of that relationship. In business or law, we generally mean someone who has specific duties, such as those that attend a particular profession or role, e.g. doctor, lawyer, financial analyst or trustee. Another important characteristic of such a relationship is that the information must be given by the holder of information who must have a choice, as when a litigant goes to a particular lawyer, a customer chooses a particular bank, or a patient goes to particular doctor. An equally important characteristic for the relationship to qualify as a fiduciary relationship is that the provider of information gives the information for using it for the benefit of the one who is...

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