RTI on in-laws Bank account details


 

 

 

 

An RTI appellant sought details of account statement (in certified copies) from a bank in this case UNION BANK OF INDIA the bank refused to part with information on the grounds that

a)                      The said information is confidential and privileged as the account pertains to the third party.

b)                      In in no way connected with the details of the account.

c)                       The Banking regulations do not permit furnishing of such information.

d)                      Is the stand taken by the bank correct? Can RTI applicant be denied information as  asked above

e)                      Whether such information falls under sec 8(though he did not quote any section of RTI Act while replying).

f) The bank in their reply quoted Banking Regulations Act (for with holding of information) but not any setion under RTI Act

 

Will some one please englighten me on the matter.

 
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service

There are plenty of decisions of the CIC wherein it has been held that Bank is under an obligation not to disclose its customers' account details to any third party other than the customer as it falls within the exemption provisions of Section 8 (1)(d)(e) and (j) of the RTI Act. So while the PIO of the Bank  concerned ought to have quoted  the exemption provisions of the RTI Act but even not doing so may not legally affect its decision not to  furnish the account statement of a third party. You will not succeed to get the same through RTI without the consent of the account holder. 

 
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Founder - President Dr. Babasaheb Ambedkar Democratic Rights Forum (DRF) (Foundation for Social Justice and Constitutional Awareness for Trial of Public Service) Msg. me on Ph.9322246333 drf.india@gmail.com

CORRECT.

 
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Is the provision applicable to balance in PF account

 
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Founder - President Dr. Babasaheb Ambedkar Democratic Rights Forum (DRF) (Foundation for Social Justice and Constitutional Awareness for Trial of Public Service) Msg. me on Ph.9322246333 drf.india@gmail.com

Not at all.  Please read section 8 (1) (j).

 
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Appreciate your clarification. However, you reply holds that the RTI applicant is a third party who need not be disclosed about the in-laws bank account particulars.

A cursory look at sec 11 of RTI Act reveals that it is the not the RTI applicant who is third party, but the account holder as such. Perhaps it may be of academic interest as the matter has been clarified by you

Thanks

 
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Founder - President Dr. Babasaheb Ambedkar Democratic Rights Forum (DRF) (Foundation for Social Justice and Constitutional Awareness for Trial of Public Service) Msg. me on Ph.9322246333 drf.india@gmail.com

 

RTI Applicant is the first party in regard to his/her Right To Information (not the Right To Information Act) and the Government is the second party.  A citizen use his/her Right To Information and make an application to the Public information of the Government for any information of his/her own and/or of public interest.  When the requisite information is purely for his/her OWN interest WHICH HAS NO PUBLIC INTEREST AND RELATED WITH ANY THIRD PARTY but since the Government is holding that information so it is mandatory to get NO OBJECTION CONSENT OF THE THIRD PARTY.

 

For Bank, the customer / account holder is first party and as a serving party the Bank is the second party and serving party is under bond of service conditions.  Any third party cannot interfere between these two.

 

RTI Act is very clear, easy to understand.  But the Government servants do not like it since their everything which they like to keep in dark comes out of curtain.  They actually did not practice it before existence of RTI Act and forgotten that they are only like maid servants and not the Governors.  The Governors are every Indian Citizen.  

 

it is lacuna in system intensionally made by the bureaucrats that the Governors (Indian Citizen) cannot catch their neck and kick them on back whereas the Indian Citizens are their Bread & Butter providers.

 

DRF is trying for sort out this lacuna and we can succeed if we all come together.  None other will come out but we ourselves have to take up step to sort out our democratic rights.  Why politicians will take interest?

 

So waiting for what? Start right now with using our Right To Information.  ASK ANYTHING !!! WE ARE THE GOVERNORS.

 

BUT REMEMBER THAT, RIGHTS ARE NEVER SERVED ON THE DINING TABLE UNLESS AND UNTIL EVERY INDIVIDUAL EARN IT.  SO USE IT OR LOOSE IT, IT IS YOUR CHOICE.

 


Total likes : 1 times

 
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Please clarify whether 8(1)(j) is applicable to PF balance or not. i.e, whether can the PF balance of an individual be disclosed.

 
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Founder - President Dr. Babasaheb Ambedkar Democratic Rights Forum (DRF) (Foundation for Social Justice and Constitutional Awareness for Trial of Public Service) Msg. me on Ph.9322246333 drf.india@gmail.com

What is public interest or interest of other individual to know the PF balance of any other person?

 
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Founder - President Dr. Babasaheb Ambedkar Democratic Rights Forum (DRF) (Foundation for Social Justice and Constitutional Awareness for Trial of Public Service) Msg. me on Ph.9322246333 drf.india@gmail.com

Means "what is the legal interest of any other in the PF account balance of another person"?

 
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