SBI declined to disclose electoral bond data under the RTI Act, citing exemptions under Section 8(1)(e) and (j) related to fiduciary capacity and public interest.
![[Electoral Bond Data] SBI Refuses to Disclose Data Under RTI Act](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/04/MicrosoftTeams-image-23.png?resize=480%2C269&ssl=1)
NEW DELHI: On Wednesday (10th April): The State Bank of India (SBI) refused to provide retired Commodore Lokesh Batra with data on electoral bonds submitted to the Election Commission of India (ECI) on March 21. The bank cited exemptions under the Right to Information (RTI) Act, stating that the information falls under fiduciary responsibilities and personal information.
Furthermore, the SBI refused to disclose the amount paid to lawyer Harish Salve for representing the bank in the Supreme Court on March 11.
The SBI submitted comprehensive data on electoral bonds purchased between April 2019 and February 2024, including unique identification numbers associated with each bond, to the ECI on March 21, as per the Supreme Court’s orders. The ECI immediately made this data public on its website on the same day.
However, when Commodore Lokesh Batra requested the SBI provide the data submitted to the ECI, the bank refused, citing exceptions under the RTI Act.
“SBI stated that the information you requested contains details about purchases and political parties, which cannot be disclosed as it falls under a fiduciary capacity. Such disclosure is exempted under Section 8(1)(e) and (j) of the RTI Act,” wrote SBI to Batra on Wednesday (April 10).
Commodore Batra expressed his surprise at the SBI’s denial, emphasizing that the data was already in the public domain on the ECI’s website. He argued that the bank’s refusal to disclose information that involved taxpayers’ money, such as the payment made to Harish Salve, was unwarranted.
READ ALSO: Election Commission Discloses Electoral Bonds Data Following Supreme Court Directive
The SBI also invoked section 8(1)(d) of the RTI Act, which pertains to commercial confidence, trade secrets, and intellectual property, to deny Batra’s request for information on Harish Salve’s payment. The bank claimed that this information was of a “commercial nature” and disclosing it would harm the competitive position of a third party.
It is worth noting that electoral bonds were introduced by the Bharatiya Janata Party (BJP) Government in 2018 as interest-free financial instruments that allowed individuals or groups to make anonymous donations to political parties. However, on February 15, 2024, the Supreme Court declared electoral bonds unconstitutional, citing their violation of voters’ right to information.
The State Bank of India’s refusal to disclose electoral bond data and information regarding the payment made to lawyer Harish Salve raised concerns about transparency and accountability. While the SBI cited exemptions under the RTI Act, critics argue that such non-disclosure undermines the principles of democracy and public interest.
READ ALSO: Supreme Court Seeks Updated Electoral Bonds Funding Data, Reserves Judgment on Scheme
As the Digital Personal Data Protection Act, 2023, is set to come into force, it may bring about changes in the RTI Act and its exemptions relating to personal information.
