Personal details cannot be disclosed under RTI: Bombay HC

September 8, 2013

RTI_Bombay_HCMumbai, Sep 8: Under RTI, disclosure of personal information in respect of service record, income tax returns and assets of an individual is illegal unless it is necessary in larger public interest, the Bombay High Court has ruled.

Accordingly, Justice Vasanti Naik quashed an order of Nashik State Information Commissioner asking the information officer to supply information about personal assets of petitioner Subhash Khemnar to respondent Dilip Thorat.

"On hearing the petitioner and on perusal of the Act, it appears that the Chief Information Commissioner was not justified in directing Information Officer to supply personal information in respect of service record, income tax returns and assets of the petitioner unless he was satisfied that such disclosure was justified in larger public interest," said the judge in a recent order.

In the impugned order there is no finding with regard to the satisfaction of the Commissioner that the disclosure of the personal information in respect of the petitioner was justified in larger public interest, the judge noted.

Under section 8(1) J of the Act, there is no obligation on the Information Officer to give personal information, the disclosure of which has no relationship with any public activity or interest, or which would cause unwarranted invasion on the privacy of the individual unless the authority is satisfied that the disclosure of such information is justified in larger public interest, the Judge further said.

The petitioner had challenged the order passed by the Chief Information Officer on December 4 last year asking the information officer to supply personal information about him on a second appeal filed by the respondent.

Initially, the information officer did not supply the information and rejected the application filed by the respondent.

Thereafter he went in appeal before a higher authority but it was rejected. He then went in second appeal before the Chief Information Officer which was allowed. Being aggrieved, the petitioner moved the High Court.

According to the petitioner, the respondent was allegedly involved in extortion and the petitioner's brother-in-law had filed a complaint against the respondent for extortion. Also, the court had rejected the application filed by the respondent seeking anticipatory bail.

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News Network
February 14,2020

New Delhi/Washington, Feb 14: India has offered to partially open up its poultry and dairy markets in a bid for a limited trade deal during US President Donald Trump's first official visit to the country this month, people familiar with the protracted talks say.

India, the world's largest milk-producing nation, has traditionally restricted dairy imports to protect the livelihoods of 80 million rural households involved in the industry.

But Prime Minister Narendra Modi is trying to pull all the stops for the US President's February 24-25 visit, aimed at rebuilding bonds between the world's largest democracies.

In 2019, President Trump suspended India's special trade designation that dated back to 1970s, after PM Modi put price caps on medical devices, such as cardiac stents and knee implants, and introduced new data localization requirements and e-commerce restrictions.

President Trump's trip to India has raised hopes that he would restore some of the country's US trade preferences, in exchange for tariff reductions and other concessions.

The United States is India's second-largest trade partner after China, and bilateral goods and services trade climbed to a record $142.6 billion in 2018. The United States had a $23.2 billion goods trade deficit in 2019 with India, its 9th largest trading partner in goods.

India has offered to allow imports of US chicken legs, turkey and produce such as blueberries and cherries, government sources said, and has offered to cut tariffs on chicken legs from 100 per cent to 25 per cent. US negotiators want that tariff cut to 10 per cent. The Modi government is also offering to allow some access to India's dairy market, but with a 5 per cent tariff and quotas, the sources said. But dairy imports would need a certificate they are not derived from animals that have consumed feeds that include internal organs, blood meal or tissues of ruminants.

New Delhi has also offered to lower its 50 per cent tariffs on very large motorcycles made by Harley-Davidson, a tax that was a particular irritant for President Trump, who has labelled India the "tariff king." The change would be largely symbolic because few such motorcycles are sold in India.

President Trump will be feted in PM Modi's home state of Gujarat, then hold talks in New Delhi and attend a reception that the hosts have promised will be bigger than the one organised for former president Barack Obama in 2015.

But it is far from clear whether India's offers will be enough to satisfy US Trade Representative Robert Lighthizer, who cancelled plans for a trip to India this week. Instead, he has held telephone talks with Commerce Minister Piyush Goyal.

The US dairy industry remained sceptical on Thursday that a viable deal is at hand.

"We're always looking for market access, but in terms of India, as of today I'm not aware of any real progress going on," said Michael Dykes, president of the International Dairy Foods Association and a member of USTR's agricultural trade policy advisory committee.

Mr Dykes said the US dairy industry was looking for access in viable commercial quantities.

A USTR spokesman and India's trade ministry did not respond to requests for comment.

A parliament panel is reviewing a draft data privacy law that imposes stringent controls over cross-border data flows and gives the government powers to seek user data from companies.

It is not clear whether it will be passed, or in what form, but the possibilities have unnerved US companies and could raise compliance requirements for Google, Amazon.com Inc, and Facebook.

The draft law is not part of the trade discussions, Indian officials say, because the issue is too difficult to resolve at the same time.

"The privacy and localization piece will be raised independently and in concert with the trade discussions," said a Washington-based source with knowledge of the US administration's thinking.

President Trump on Tuesday was non-committal about sealing a trade deal before his visit. "If we can make the right deal, we'll do it," he told reporters.

Two US sources said progress had been made on proposed alterations to the medical device price caps. India's new import tariffs on medical devices, walnuts, toys, electronics and other products on February 1 surprised US negotiators, however.

The new tariffs were aimed at China, which also makes medical devices, according to an Indian government source. "We have to protect our market and our companies," the source said.

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News Network
March 11,2020

New Delhi, Mar 11: According to the Union health ministry, there are 62 confirmed cases of coronavirus in the country.

The Delhi High Court Wednesday sought the stand of the Centre and the Delhi government on a PIL seeking proper and adequate measures to combat coronavirus.

A bench of Chief Justice D N Patel and Justice C Hari Shankar issued notice to the Ministry of Health and the Delhi government seeking their replies on the public interest litigation (PIL) filed by an advocate.

The petition, by lawyer Triveni Potekar, seeks directions to the Centre and the Delhi government to make available important and relevant information on access to and availability of medical facilities for testing and treatment for the coronavirus disease.

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Agencies
January 15,2020

Mumbai, Jan 15: The Reserve Bank of India (RBI) on Wednesday redistributed portfolios of Deputy Governors following the appointment of Michael Debabrata Patra to the post.

An official release said that NS Vishwanathan will handle co-ordination, Department of Regulation (DOR), Department of Communication (DoC), Enforcement Department, Inspection Department (ID), Risk Monitoring Department (RMD), and Secretary's Department.

BP Kanungo will look after Department of Currency Management (DCM), Department of External Investments and Operations (DEIO), Department of Government and Bank Accounts (DGBA), Department of Information Technology (DIT), Department of Payment and Settlement Systems (DPSS), Deposit Insurance and Credit Guarantee Corporation (DICGC), Foreign Exchange Department (FED), Internal Debt Management Department (IDMD), Legal Department (LD) and Right to Information (RIA) Division.

The release said that MK Jain will handle the Department of Supervision (DOS), Consumer Education and Protection Department (CEPD), Financial Inclusion and Development Department (FIDD), Human Resource Management Department (HRMD), HR Operations Unit (HR-OU), Premises Department (PD), Central Security Cell (CSC), and Rajbhasha Department.

Patra will look after the Monetary Policy Department including Forecasting and Modelling Unit (MPD/MU), Financial Markets Operations Department (FMOD), Financial Markets Regulation Department including Market Intelligence (FMRD/MI), International Department (Intl. D), Department of Economic and Policy Research (DEPR), Department of Statistics & Information Management (including Data and Information Management Unit) (DSIM/DIMU), Corporate Strategy and Budget Department (CSBD) and Financial Stability Unit.

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