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Thread: Commercial confidence

  1. Re: Commercial confidence

    Respected sirs,

    Sec 8 (1)(d) of RTI act is misused by many PIO's and authorities who just use this section where they do not want to disclose the information. Because the commercial Trade secrete is not defined, and any thing PIO did not want to disclose referes it as commercial secrete.

    If a Govt., Organisation want to hide information by using this section just to hide the information is totally incorrect.


  2. #10

    Re: Commercial confidence

    The discussion started with whether bank is bound to disclose the transanction policy of bank and banks are not interested to disclose the transanction policies and taking protection of section 8 of RTI 2005. Whenever one company manufacturing madicine or any other product is bounded disclose the formula on every product then why the bank can refuse to disclose the transanction policies of bank. Not only under RTI 2005 but under consumer protection act 1986 the bank is bounded to disclose the transanction policies even non disclosure may also be punished under various sections of IPC.

  3. #11
    C J Karira
    Blog Entries
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    Re: Commercial confidence

    May I request everyone to please read my post #3 and #7 above:

  4. Re: Commercial confidence

    Recovery policy lays down guidelines for the branches as to the methods and procedures to be followed for recovery of loans. In fact every borrower before borrowing should know how bank will recover say by recourse to law or to goondas or by its officers at gun point or by decent and human methods etc etc. Where is commercial confidence or point of secrecy? These policies are required to be prepared as per RBI directives.
    It takes each of us to make difference for all of us.

  5. #13

    Re: Commercial confidence

    A public sector bank is essentially involved in the business of banking. It is no different from the same business done by its private counterpart. Every bank has, I presume, a recovery policy which may, for example (this is only a hypothetical example - and need not be true), after making a cost-benefit analysis, lay down that certain outstanding loans upto a certain limit, outstanding beyond a certain period of time, need not be recovered. This may vary between banks. If this is made public only by the public sector bank and not by the private sector bank, then, the PSE will be at a disadvantageous position. That is why they may be taking shelter under Sec 8(1)(d) of the Act. But I dont think this Section would be applicable in cases of the nature given as example above. This section talks only about such matters of commercial confidence, in possession with a public authority obtained from a third party, the revelation of which would harm that third party. This section provides no "protection" to the public authority.It provides protection to the third party only.

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