Section 11 RTI Act: Third party information

Right to Information Act, 2005

Section 11 RTI Act at a Glance

Section 11 RTI Act sets the procedure when a Public Information Officer intends to disclose confidential information relating to or supplied by a third party. The officer must notify the third party within 5 days, hear objections, and decide within 40 days.

Section 11 RTI Act Bare Act Text

11. Third party information.
(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:
Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
(2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.
(4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.

Section 11 RTI Act in Simple Words

Section 11 RTI Act lays down the procedure a Central Public Information Officer or State Public Information Officer (the officer in a public authority who handles RTI requests) must follow before disclosing confidential third party information. Under Section 11(1) RTI Act, when an officer intends to disclose any information or record, or part of it, that relates to or was supplied by a third party and has been treated as confidential by that third party, the officer must send a written notice to the third party within 5 days from receiving the RTI request. The notice informs the third party about the request and the proposed disclosure, and invites a written or oral submission on whether the information should be disclosed. The officer must keep that submission in view when deciding on disclosure.

The proviso to Section 11(1) RTI Act sets a public interest test alongside a hard limit. Disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of the third party. This public interest override does not apply to trade or commercial secrets protected by law.

Under Section 11(2) RTI Act, once the notice is served, the third party must be given 10 days from the date of receiving the notice to make a representation against the proposed disclosure. Under Section 11(3) RTI Act, overriding the standard period of 30 days in Section 7 RTI Act, if the third party was given that opportunity under Section 11(2) RTI Act, the officer must decide within 40 days after receiving the application under Section 6 RTI Act whether or not to disclose the information or record, or part of it, and must give written notice of the decision to the third party.

Under Section 11(4) RTI Act, the written decision notice sent to the third party under Section 11(3) RTI Act must include a statement that the third party is entitled to file an appeal under Section 19 RTI Act against the decision. Under Section 19(2) RTI Act, a third party appealing an order under Section 11 RTI Act to disclose third party information must file that appeal within 30 days from the date of the order.

When Section 11 RTI Act Applies

The Central or State Public Information Officer intends to disclose information or a record (or part of it) requested under the RTI Act.
The information or record relates to or was supplied by a third party and has been treated as confidential by that third party.
The officer sends written notice to the third party within 5 days from receipt of the request and invites a written or oral submission.
The third party gets 10 days from receipt of the notice to make a representation against the proposed disclosure, which the officer keeps in view.
Except for trade or commercial secrets protected by law, disclosure may be allowed if public interest in disclosure outweighs possible harm or injury to the third party's interests.
The officer decides within 40 days after receipt of the Section 6 RTI Act request and sends written notice of the decision stating the third party's right to appeal under Section 19 RTI Act.

Example of Section 11 RTI Act

Bhaskar files an application under Section 6 RTI Act with a state public works department in Kochi seeking a document supplied by Lavanya that Lavanya had treated as confidential, which is not a trade or commercial secret protected by law. Because the State Public Information Officer intends to disclose the document, the officer sends written notice to Lavanya within 5 days from receiving Bhaskar's request under Section 11(1) RTI Act. Under Section 11(2) RTI Act, Lavanya gets 10 days from receiving the notice to submit a written or oral representation against the proposed disclosure. After keeping Lavanya's submission in view and finding that the public interest in disclosure outweighs any possible harm to Lavanya's interests, the officer decides within 40 days after receiving Bhaskar's request to allow disclosure. Under Sections 11(3) and 11(4) RTI Act, the officer gives Lavanya written notice of that decision along with a statement that Lavanya is entitled to file an appeal under Section 19 RTI Act.

When Section 11 RTI Act Does Not Apply

The public interest override in the proviso to Section 11(1) RTI Act does not apply to trade or commercial secrets protected by law.
The notice procedure under Section 11(1) RTI Act does not apply where the Central or State Public Information Officer does not intend to disclose the requested information or record.
Section 11(1) RTI Act does not apply where the information or record relating to or supplied by the third party has not been treated as confidential by that third party.
The period of 40 days under Section 11(3) RTI Act applies only if the third party has been given an opportunity to make a representation under Section 11(2) RTI Act.

FAQs on Section 11 RTI Act

What is Section 11 RTI Act?▼

Section 11 RTI Act sets the procedure a Central or State Public Information Officer must follow before disclosing confidential information or records relating to or supplied by a third party. It requires written notice to the third party within 5 days, an opportunity to object, and a decision within 40 days of receiving the RTI request.

Within how many days must the Public Information Officer notify a third party under Section 11 RTI Act?▼

5 days. Under Section 11(1) RTI Act, when the officer intends to disclose confidential third party information, the officer must give written notice to the third party within 5 days from receipt of the RTI request.

How much time does a third party get to object to disclosure under Section 11(2) RTI Act?▼

10 days. Under Section 11(2) RTI Act, the third party must be given 10 days from the date of receiving the notice to make a representation against the proposed disclosure, which under Section 11(1) RTI Act may be in writing or oral.

What is the time limit to decide an RTI request when a third party is consulted under Section 11 RTI Act?▼

40 days. Under Section 11(3) RTI Act, overriding the 30 days in Section 7 RTI Act, the officer must decide within 40 days after receipt of the request under Section 6 RTI Act if the third party was given an opportunity to make a representation.

Does a third party's objection automatically prevent disclosure under Section 11 RTI Act?▼

No. Under Section 11(1) RTI Act, the officer must keep the submission in view, and the proviso allows disclosure if the public interest in disclosure outweighs in importance any possible harm or injury to the third party's interests, except for trade or commercial secrets protected by law.

Can trade or commercial secrets protected by law be disclosed under the public interest proviso of Section 11(1) RTI Act?▼

No. The proviso to Section 11(1) RTI Act excludes trade or commercial secrets protected by law from the public interest override.

Can a third party appeal a decision to disclose confidential information under Section 11 RTI Act?▼

Yes. Under Section 11(4) RTI Act, the decision notice must state that the third party is entitled to file an appeal under Section 19 RTI Act, and Section 19(2) RTI Act allows 30 days from the date of the order to file that appeal.

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Sources: Bare Act Text, Right to Information Act, 2005 ·