breach of confidence of commercial information

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10044 OF 2010

CENTRAL PUBLIC INFORMATION OFFICER,

SUPREME COURT OF INDIA ….. APPELLANT(S)

VERSUS

SUBHASH CHANDRA AGARWAL ….. RESPONDENT(S)

W I T H

CIVIL APPEAL NO. 10045 OF 2010

A N D

CIVIL APPEAL NO. 2683 OF 2010

J U D G M E N T

N.V. RAMANA, J.

 

31. Section 8(1)(d) of the RTI Act has limited the action of defence of  confidentiality to only commercial information, intellectual  property rights and those which are concerned with maintaining  the competitive superiority. Therefore, aforesaid section is only relatable to breach of confidence of commercial information as  classically developed. Although there are examples wherein  commercial confidentiality are also expanded to other types of  breach of confidential information, however, under Section 8(1)(d)  does not take into its fold such breach of confidential information  actions.