Central Information Commission
M L Soneji vs Unique Identification Authority Of ... on 25 June, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
केंद्रीय सच
ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ मागग
Baba Gangnath Marg
मनु नरका, नई ददल्ऱी - 110067
Munirka, New Delhi-110067
File no.: CIC/UIDAI/A/2019/639443 + 639564
In the matter of:
M L Soneji
...Appellant
VS
Central Public Information Officer
Unique Identification Authority of India (UIDAI)
Bangal Sahib Road, Behind Kali Mandir
Gole Market, New Delhi - 110 001
...Respondent
RTI application filed on : 25/02/2019 CPIO replied on : 28/03/2019 First appeal filed on : 01/04/2019 First Appellate Authority order : 29/04/2019 Second Appeal dated : 30/04/2019 Date of Hearing : 23/06/2020 Date of Decision : 23/06/2020 The following were present: Appellant: Heard over phone
Respondent: Shri Yashwant Kumar, ADJ & CPIO, heard over phone Information Sought:
The appellant has sought the following information:
1. Provide information relating to the organizations registered with you/availing of the facility for the purpose of providing E-KYC facilities to their customers/clients.
2. List of organizations representing banks, depository participants, mutual funds, insurance companies, broking firms/trading members of the stock exchange and other entities in the financial sector.1
Grounds for filing Second Appeal The CPIO has not provided the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO claiming exemption u/s 8(1)(d) of the RTI Act as the information is neither related to commercial confidence, nor trade secrets nor intellectual property and by no stretch of imagination can be treated so. The information sought is essentially relating to the organizations registered with UIDAI for the purpose of providing e-KYC facilities to their customers/clients. This information ought to have been published on their website for easy access to the citizens at large as it would facilitate the public at large to avail of the e-KYC facilities. He further stated that the agencies get registered with the UIDAI essentially to render the services to the public at large to comply with the KYC requirements as stipulated by various regulators. He had sought generic information about the names of the agencies registered with UIDAI for the purpose of providing EKYC facilities and the same should be disclosed to him.
The CPIO while reiterating the contents of his reply dated 28.03.2019 submitted that the Aadhaar Authentication services are used strictly as per the Aadhaar Act. The facility to use Aadhaar authentication services is provided to an entity under an agreement with UIDAI. These agreements are in the nature of commercial confidence and UIDAI is required to maintain secrecy of such agreements and hence the information is exempted u/s 8(1)(d) of the RTI Act. He further stated that the EKYC connectivity has been opened for limited partners for security purposes. Any knowledge of these partners could be used to launch a cyber-attack on UADAI infrastructure, hence strict confidentiality is maintained for such information and also that the EKYC services are not offered directly to the residents but are performed by the respective sectors as a regulatory requirement to provide their primary services. Hence, the desired information was not provided to the appellant.
Observations:
Having heard the submissions of both the parties, it is noted that the reply of the CPIO claiming exemption u/s 8(1)(d) of the RTI Act was not proper. The Commission, even though, concurs with the submissions of the CPIO that the 2 facility to use Aadhaar authentication services is provided to an entity under an agreement with UIDAI and these agreements are in the nature of commercial confidence for which the UIDAI is required to maintain secrecy and hence the information is exempted u/s 8(1)(d) of the RTI Act, however, the appellant in his RTI application has not sought any information about such agreements or their contents. The appellant has sought generic information about the agencies registered with UIDAI for the purpose of providing EKYC facilities to the general public. These facilities are supposed to be availed by the general public and if the public is not aware about the details of all such agencies which are providing these services, the purpose of enlisting these agencies becomes futile. Therefore, exemption claimed by the CPIO is not applicable in the present case. Under such circumstances, the CPIO is directed to provide complete information to the appellant giving only the names of the agencies that provide the EKYC facilities.
Decision:
In view of the above, the CPIO is directed to provide a revised reply to the appellant as per the discussions held during the hearing. This direction is to be complied with within a period of 15 days after the receipt of this order under intimation to the Commission.
The appeals are disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आयक् ु त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रतत) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दिन ंक / Date 3