Disclosure of name and designation of IBBI officials exempted under RTI: First Appellate Authority

The First Appellate Authority of the Insolvency and Bankruptcy Board of India (IBBI) has held that information pertaining to the name and designation of IBBI officials is exempted under Section 8(1)(j) of the Right to Information (RTI) Act [Ishrat Ali v. Central Public Information Officer (CPIO), IBBI]..The Authority passed the order on an RTI appeal seeking information pertaining to an order passed by the National Company Law Tribunal (NCLT), Mumbai..The appellant sought the following information:1) Date and time of uploading of the said order on the official website of the IBBI;2) Name of the person and his/her official designation who uploaded the said order on the IBBI website;3) Date and time of uploading of FORM-A (the Public Announcement) on the IBBI website in the matter.4) Name of the person and his/her official designation who uploaded it on the IBBI website.5) Information of any CIRP Form in this respect that was filed by the IRP. If yes, to provide details and copy or copies of the same..On April 21, the Central Public Information Officer (CPIO) of IBBI provided information on queries 1 and 3 and claimed that information pertaining to 2,4 and 5 was exempt under Section 8(1)(j) of the RTI Act, 2005. As per this provision, information pertaining to personal information of an individual with no relation to public activity or interest is exempted information under the Act. The provision aims to protect the unwarranted invasion of privacy of an individual.Unsatisfied by the response, appellant approached the FAA. He claimed in the appeal that the information sought is not under the Official Secrets Act and does not cause any unwarranted invasion of privacy..However, the Authority relied on the judgment of the Supreme Court in Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi and Ors, wherein it was held that any personal information not related to public interest or activity or is an unwarranted invasion of privacy of an individual should not be disclosed.In addition, the Authority also stated that the information sought by the appellant on “any CIRP Form” was not clear. It was held that the CPIO was not bound to respond to such inquisitions under the RTI Act.It thus held,"In view of above, I hold that the name and designation of Officers of IBBI as requested under point (b) and (d) above, is exempted under section 8(1)(j) of the RTI Act. Further, I am also not satisfied as to how a larger public interest is involved. As such I find no valid ground to outweigh the scope of exemption under section 8(1)(j).".[Read the order]