The court ruled that while the salaries and benefits of board and management members of the bank need not be revealed, BML is still required to comply with the RTI Act.
Supreme Court ruled today that the salaries and benefits of Bank of Maldives (BML)'s Board of Directors and senior management are business secrets as well as personal information, due to which the details should not be revealed publicly.
The case concerns a Right to Information (RTI) form submitted under the country's RTI Act, which requested the specific salary and benefits received by BML's management and board. At the time, BML refused to divulge the information and the Information Commissioner's Office ordered that the bank must do so. This ruling was also supported by the High Court.
BML argued that the bank cannot be considered a government institution, and claimed its salaries and benefits are confidential business secrets.
The Supreme Court ruled on the matter appealed before the court, and ruled in favour of the bank's argument that the salaries and benefits are indeed business secrets. Additionally, the court said that it is also personal information of the individuals concerned and that such information is protected under the RTI Act. As such, the court ruled that BML would not be able to reveal the information without the consent of the management and its board members.
The ruling further said that this policy is practiced in other parts of the country as well, and referred to a Supreme Court decision in India.
The court also highlighted that while special circumstances allow divulging personal information as well, this situation does not warrant as a special circumstance and as such, BML would not be required to comply with the Information Commissioner's Office and High Court rulings.
"The information is personal and cannot be released without their consent. [A]nd the information is not of such broad public interest that it should be released without the consent of the third parties," the verdict read.
However, the verdict also stressed that BML must comply with the RTI Act, given that the company's majority shares are held by the government and is directly or indirectly controlled by the government. It further detailed that BML's conception was also aimed to fulfil a government responsibility.
The case was heard at the Supreme Court by Justice Husnu Al Suood, Justice Ali Rasheed and Justice Dr Mohamed Ibrahim, with Justice Suood presiding over the bench.
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