N.K.Assumi (Advocate) 20 June 2009
Section 8 of the RTI Act 2005, speak about exemption of Disclosure of Information. Now, can a citizen ask the Financial Institutions like the State Bank of India to furnish the list of barrowers like personal loan, housing loan etc. Can the bank refused such request on the basis of section 8 sub section (1) clause (J), as such contract is personal information and the disclosure has no relationship to any public activity or interest and would also amount to invansion of privacy?
Devinder Jain (TAX PRACTIONER) 20 June 2009
Yes, this is a personal information and can not be disclosed unless the person is a public servant
N.K.Assumi (Advocate) 20 June 2009
Dear Davinder, unless the person is a public servant means the barrower or the person making the request.
Sandeep Bajaj (Advocate) 25 June 2009
When an application under RTI is filed to obtain such kind of information then the information officer is bound to send notice under section 11 abount whom the information is sought asking objection. If that person files objection then the authority is bound to take into consideration that objection before disclosing the information. Then the information shall be disclosed only if it is in public interest. Therefore the personal information required other than for public interest are immune from section 8. As in present case the information sought is personal it is immune and can not be disclosed without following proper procedure..
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