Neeraj Sharma vs Reserve Bank Of India on 26 November, 2021

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Central Information Commission

Neeraj Sharma vs Reserve Bank Of India on 26 November, 2021

1. The issues under consideration i.e. the reliefs sought by the complainant in the complaint dated 17.07.2019 due to alleged non-supply of information vide RTI application dated 23.05.2019 are as under:-

(i) To impose penalties upon the CPIOs concerned under section 20 of the RTI Act for providing false and misleading information without justification.

2. Succinctly facts of the case are that the complainant filed an application dated 23.05.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Page 1 of 8 Information Officer (CPIO), Reserve Bank of India, Shahid Bhagat Singh Marg, Fort, Mumbai, seeking following information:

(i) list of National and International Research Studies or Internal Studies on the need, alternative means, impact on ecosystem and Indian users which were taken into consideration by the RBI prior to issuing the April 6th, 2019 Notification - RI/2017-18/153 DPSS.CO.OD No. 2785/06.08.005/2017-2018.

(ii) provide studies or observations or interactions with various agencies of the government which prior to RBI issuing the April 6th, 2018 Notification - RBI/2017-18/153 DPSS.CO.OD No. 2785/06.08.005/2017-18.

(iii) Certified copy of the notification and report of the constitution held that with stakeholders like service providers/intermediaries/third party vendors and other entities in the payment ecosystem and payment system providers, third parties, intermediaries or any other relevant institutions (payments ecosystem participants) which took place before April 6th, 2018 notification on payments data to be stored only in India (RBI/2017-18/153 DPSS.CO.OD No. 2785/06.08.005/2017-18).

(iv) Certified copy of the notification and report of the consultation held with stakeholders like service providers/intermediaries/third party vendors and other entities in the payment ecosystem and payment system providers, third parties, intermediaries or any other relevant institutions (payments ecosystem participants) which took place before April 6th, 2018 notification on payments data to be stored only in India (RBI/2017-18/153 DPSS.CO.OD No. 2785/06.08.005/2017-18).

(v) Certified copy of the minutes of meeting on the deliberations prior to the release of April 6th 2018 notification on payments data to be stored only in India (RBI/2017-18/153 (RBI/2017-18/153 DPSS.CO.OD No. Page 2 of 8 2785/06.08.005/2017-18) with the Board for Regulation and Supervision of Payment and Settlement Systems.

(vi) Certified copy of the minutes of meeting towards the deliberation of data localization post to the release of April 6th, 2018 notification on payments data to be stored only in India (RBI/2017-18/153 DPSS.CO.OD No. 2785/06.08.005/2017-2018) with the Board for Regulation and Supervision of Payment and Settlement Systems and RBI's Central Board of Directors.

(vii) Certified copy of the minutes of meeting towards the deliberation prior to the release of April 6th, 2018 notification on payments data to be stored only in India (RBI/2017-18/153 DPSS.CO.OD No. 2785/06.08.005/2017-2018) with the Central Board of Directors.

(viii) Certified copy of the minutes of meeting towards the deliberation post the release of April 6th, 2018 notification on payments data to be stored only in India (RBI/2017-18/153 DPSS.CO.OD No. 2785/06.08.005/2017-2018) with the Central Board of Directors.

(ix) Certified copy of all documents (memorandum/notice or the like) wherein the RBI deliberated on holding constitution with, along with the file notings thereof on data localization which it was brought into effect by the RBI vide April 6th, 2018 notification on payments data to be stored only in India (RBI/2017- 18/153 DPSS.CO.OD No. 2785/06.08.005/2017-2018).

(x) Certified copy of the records wherein the RBI deliberated on the cost benefit analysis of the impact of data localization, before coming out with the April 6th, 2018 notification on payments data to be stored only in India (RBI/2017- 18/153 DPSS.CO.OD No. 2785/06.08.005/2017-2018).

(xi) Certified copy of all records wherein the RBI deliberated on the scope, definition and/or rationale behind seeking 'unfettered access' before coming out with the April 6th, 2018 notification on payments data to be stored only in Page 3 of 8 India (RBI/2017-18/153 DPSS.CO.OD No. 2785/06.08.005/2017-2018) and deliberations on the same in light of the Aadhar judgment of the Supreme Court of India.

The CPIO vide letter dated 18.06.2019 replied to the complainant. The complainant filed first appeal on 05.07.2019. The First Appellate Authority disposed of the first appeal vide order dated 25.07.2019. Aggrieved by the same, the complainant filed a second appeal dated 17.07.2019 before the Commission which is under consideration.

3. The complainant has filed the instant appeal dated 17.07.2019 inter alia on the grounds that reply given by the CPIO was not satisfactory. The complainant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 18.06.2019 and the same is reproduced as under :-

(i) to (iii) "RBI does not have information in this regard.

(iv) The requested information is exempt from disclosure under Section 8 (1) (d) of the RTI Act, 2005.

(v) RBI does not have information in this regard.

(vi) The requested information is exempt from disclosure under Section 8 (1) (a) of the RTI Act, 2005.

(vii) RBI does not have information in this regard.

(viii) The requested information is exempt from disclosure under Section 8 (1) (a) of the RTI Act, 2005.

(ix) to (x) RBI does not have information in this regard.

(xii) RBI does not have information in this regard".

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The FAA directed the CPIO to re-visit the queries nos (iv), (vi) and (viii) of the RTI application and provide revised information.

5. The complainant remained absent and on behalf of the respondent Shri Sudhansu Prasad, General Manager and Ms Devi Hari, Law Officer, Reserve Bank of India, Bandra, attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that the complainant had filed the complaint that he was not satisfied with the reply dated 18.06.2019 given in response to the RTI application dated 23.05.2019. The complainant had alleged that the CPIO merely quoted exemption under Section 8(1)(a) in response to query nos. (iv), (vi) and (viii) without giving any justification. The respondent submitted that, Shri Neeraj Sharma, had filed an RTI Application dated 23.05.2019, raising 11 queries, inter alia, requesting the information pertaining to RBI notification RBI/2017- 18/153 DPSS.CO.OD. No. 2785/06.08.005/2017-18 dated 06.04.2018 (the notification) issued on 'Storage of Payment System Data'. At query nos. 1,2,3,5,7,9,10 and 11, the complainant had asked for a list of national, international research studies which were taken into consideration by RBI before issuing the notification, copies pertaining to consultation held by RBI with stakeholders, minutes of meeting on deliberations, other records on deliberations, etc. In reply to all these queries, the CPIO had replied that RBI did not have information in that regard. In query nos. (iv), (vi) and (viii), Shri Neeraj Sharma had asked for certified copy of notification, report of consultation held with stakeholders like service providers/intermediaries, payment system providers, etc. which took place after the notification, certified copy of minutes of meeting on deliberation of data localization with Board for Regulation and Supervision of Payment and Settlement Systems and RBI's Central Board of Directors after the issuance of the notification. In reply to these three queries, the CPIO had replied that the information was exempted under Section 8(1)(d) and 8(1)(a) of the RTI Act. Aggrieved by the reply of the CPIO, Shri Sharma filed an appeal (RBIND/A/2019/60434) on 05.07.2019 before the First Appellate Authority (FAA) under Section 19(1) of the RTI Act, 2005, mentioning the same contentions which are raised in this present complaint (dated 17.07.2019) before Page 5 of 8 the Hon'ble CIC. The FAA considered the contentions of the complainant/complainant and observed that in respect of query nos. (iv), (vi) and (viii), the CPIO had merely stated that the information was exempted under section 8 (1) (a) of the RTI Act, and directed the CPIO, vide order dated 25.07.2021, to revisit these queries afresh in accordance with the provision of the Act. In compliance to the order of FAA dated 25.07.2021, the CPIO provided a revised reply to query nos. (iv), (vi) and (viii)vide dated 19.08.2019. In reply to query nos.(iv) and (viii), the CPIO provided copy of the minutes of meeting convened by RBI on 17.05.2018 with delegations from US-India Strategic Partnership Forum, US- India Business Council, Payments Council of India, Information Technology Industry Council, and other entities; and copy of minutes of a meeting convened by RBI on 10.10.2018 with major non-compliant payment system operators (without disclosing names of the participants since these were personal information). In response to query no. (vi), the CPIO provided copy of minutes of meeting of the Board for Regulation and Supervision of Payment and Settlement Systems (BPSS) held on 08.08.2018 (after redacting information not related to the queries) and the Record of Discussions of the Committee of the Central Board meeting dated 02.05.2018, regarding the notification. The respondent further submitted that the CPIO, vide reply dated 18.06.2019 and revised reply dated 19.08.2019, had provided the information sought by the complainant, which was available with RBI. However, the complainant filed complaint on 17.07.2019, 12 days after preferring the appeal before the FAA which was disposed of on 25.07.2019. Having preferred an appeal before the FAA on the same issue, the complainant ought to have waited for the decision of the FAA. But he had availed two remedies at the same time, in the same cause of action, causing confusion and inconvenience. Further, the complainant had intentionally concealed the fact of filing appeal before the FAA in the present complaint. Meanwhile, the FAA had passed the order and the respondent provided the revised information on 19.08.2019. In this regard, it was submitted that the remaining information was not provided since the same was not available with RBI and the CPIO had no intention to withhold such information.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that information was given by the CPIO Page 6 of 8 on 19.08.2019 in pursuance to the First Appellate Authority's order dated 25.07.2019. It may be noted that the records enclosed with the complaint dated 17.07.2019 filed by the complainant did not contain the copies of first appeal and FAA order. However, the respondent brought on record the first appeal dated 05.07.2019 filed by the complainant and the copy of the FAA order dated 25.07.2019. Perusal of records revealed that the complainant filed complaint dated 17.07.2019 i.e. after 12 days of filing of the first appeal without waiting for the First Appellate Authority whereas the CPIO had re-visited the RTI application and provided the information on point nos (iv), (vi) and (viii) of the RTI application as directed by the FAA. Therefore, there appears to be no mala fide on the part of the CPIO. Moreover, the respondent is under obligation to part with only such information that is held and is under the control of the public authority. That being so and in the absence of the complainant or any written objections, the averments made by the respondent were taken on record. Accordingly, information having been provided vide letters dated 19.08.2019 there appears to be no merit in the complaint, hence, the complaint is rejected.

Copy of the decision be provided free of cost to the parties.

Sd/-


                                                                            सुरेश चं ा)
                                                         (Suresh Chandra) (सु        ा
                                                                         सूचना आयु )
                                              Information Commissioner (सू
                                                               दनांक/Date: 25.11.2021
Authenticated true copy

R. Sitarama Murthy (आर. सीताराम मूत )
Dy. Registrar (उप पंजीयक)
011-26181927(०११-२६१८१९२७)


Addresses of the parties:
CPIO :
1. RESERVE BANK OF INDIA
DEPARTMENT OF PAYMENT AND
SETTLEMENT SYSTEMS, CENTRAL
OFFICE, 14TH FLOOR, CENTRAL
OFFICE BUILDING, SHAHID BHAGAT
SINGH MARG, FORT, MUMBAI - 400001
                                                                                 Page 7 of 8
 THE FIRST APPELLATE AUTHORITY,
RESERVE BANK OF INDIA,
DEPARTMENT OF PAYMENT AND
SETTLEMENT SYSTEMS, CENTRAL
OFFICE, 14TH FLOOR, CENTRAL OFFICE
BUILDING, SHAHID
BHAGAT SINGH MARG,
FORT, MUMBAI - 400001

NEERAJ SHARMA




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