Information obtained in a fiduciary relationship by SEBI is exempted from disclosure under Section 8(1)(e) of the RTI Act

Last updated: 22 October 2020

Court :
SEBI

Brief :
The appellant had filed an application dated August 31, 2020 (received by the respondent through RTI MIS Portal) under the Right to Information Act, 2005 (“RTI Act”). The respondent, by a letter dated September 21, 2020, responded to the application filed by the appellant. The appellant filed an appeal dated September 21, 2020, against the said response dated September 21, 2020. I have carefully considered the application, the response and the appeal and find that the matter can be decided based on the material available on record.

Citation :
Appeal No. 3923 of 2020

BEFORE THE APPELLATE AUTHORITY
(Under the Right to Information Act, 2005)
SECURITIES AND EXCHANGE BOARD OF INDIA
Appeal No. 3923 of 2020
A Y Kalra : Appellant
Vs.
CPIO, SEBI, Mumbai : Respondent

ORDER

1. The appellant had filed an application dated August 31, 2020 (received by the respondent through RTI MIS Portal) under the Right to Information Act, 2005 (“RTI Act”). The respondent, by a letter dated September 21, 2020, responded to the application filed by the appellant. The appellant filed an appeal dated September 21, 2020, against the said response dated September 21, 2020. I have carefully considered the application, the response and the appeal and find that the matter can be decided based on the material available on record.

2. Queries in the application –The appellant, vide his application dated August 31, 2020, sought the following information:“Please provide copies of all emails or letters exchanged between SEBI and Franklin Templeton in last six months in relation to six mutual fund schemes of fund house that were shut.”

3. The respondent, in response to the application, informed that the requested information is available to SEBI in fiduciary capacity. Further, the information sought does not pertain to the appellant and the same relates to personal information, the disclosure of which has no relationship to any public activity or interest and may cause unwarranted invasion into the privacy of the individual and may also endanger the life or physical safety of the persons(s). Hence, the information sought is exempt under section 8(1)(e), 8(1)(g) and 8(1)(j) of the RTI Act.

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