Apka Adhikar

RTI: Exemption 8(1)(e)

(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

FOIA has no such explicit exemption for “information available to a person in his fiduciary relationship.” Black’s Law Dictionary defines “fiduciary relationship” as “A very broad term embracing both technical fiduciary relations and those informal relations which exist wherever one person trusts in or relies on another.” Examples of fiduciary relations are those existing between attorney and client, guardian and ward, principal and agent, trustee and beneficiaries of trust, and executor and heir.

In one US Supreme Court case, a government agency (Dept. of Interior) argued that the documents held by it were under a fiduciary relationship with the American Indian Tribe. The Court rejected that argument saying that there was no such exemption under FOIA. See Dept of Interior v Kalamath Water Users

There is a pending Kerala High Court case where government claims this exemption. Please see the details in the case Treesa Irish.

Gujarat Information Commission has tackled this issue in the following decision:
Complaint No. 1343 /06-07
The 7th day of July, 2007.
Complainant: Shri Jasvinder Singh Rana
Respondent: The PIO and Joint Secretary (Services) General Administration Department, The decision says”
“Fiduciary relationship has not been defined under the said Act. As described in the Advanced Law Lexicon, 3rd Edition, 2005, fiduciary relationship is ” a relationship in which one person is under a duty to act for the benefit of the other on the matters within the scope of the relationship. xxx Fiduciary relationship usually arise in one of the four situations (1) when one person places trust in the faithful integrity of another, who is a result gains superiority or influence over the first, (2) when one person assumes control and responsibility over another, (3) when one person has a duty to act or give advice to another on matters falling within the scope of the relationship, or (4) when there is specific relationship that has traditionally be recognized as involving fiduciary duties, as with a lawyer and a client, or a stockbroker and a customer”. Applying the above description, it can be reasonably said that there is fiduciary relationship between a person working in a public authority and the public authority itself. The situations at (1), (2) and (3), it can be said, apply practically in all matters between persons working for a public authority itself. However, this does not mean that the logic of fiduciary relationship can be extended to deny information to a citizen under the said Act. It is for this reason that the issue of larger public interest has been provided for in section 8 (1) (e), as in most matters, larger public interest would warrant the disclosure of such information which may otherwise be in the scope of fiduciary relationship”
RTI: Exemption 8(1)(f)

(f) information received in confidence from foreign Government;

FOIA has same provisions under the terms of “secrets in the interest of national defense and foreign policy.” This is part of exemption (1)(A). There is not much case-law in this field. The courts have been very subservient to the executive branch in this area. Successful challenges, to government’s claim of secrecy required for national defense and foreign policy, are rare.