Right to Information Act, 2005
Section 11 of RTI Act 2005: Third Party Information
Section 11 of the Right to Information Act, 2005 establishes a consultation procedure where a public information officer (PIO) proposes to disclose information relating to, or supplied by, a third party and treated as confidential by that party. It provides an opportunity to object, but does not confer an automatic veto over disclosure.
What is third-party information under the RTI Act?
Under Section 2(n), a third party is a person other than the citizen making the information request and includes a public authority. Section 11 concerns information or records relating to or supplied by that third party, where the information has been treated as confidential by the third party and the PIO intends to disclose it. The disclosure decision must also comply with exemptions under Section 8, the copyright ground in Section 9, and severability under Section 10.
Section 11(1): Written notice and public-interest assessment
If the relevant conditions apply and disclosure is contemplated, the Central or State PIO must, within five days of receiving the RTI request, give the third party written notice of the request and the proposed disclosure. The notice must invite written or oral submissions, which the PIO must consider before deciding.
The proviso states that, except for trade or commercial secrets protected by law, disclosure may be permitted where the public interest in disclosure outweighs possible harm or injury to the third party's interests. The PIO must assess the relevant statutory exemptions and competing interests; a third party's assertion of confidentiality alone does not decide the outcome.
Section 11(2): Ten days for representation
The third party must be given ten days from receipt of the notice to make a representation against the proposed disclosure. The submission may identify protected material, explain confidentiality or privacy concerns, and address whether a larger public interest supports disclosure.
Section 11(3): Decision within forty days
Where the third party has been afforded an opportunity to make a representation under subsection (2), the PIO must decide whether to disclose the information, record or relevant part within forty days after receipt of the original Section 6 request. The PIO must give the third party written notice of the decision. This is a specific exception to the ordinary thirty-day response period in Section 7.
Section 11(4): Right of appeal
The written decision notice must state that the third party may appeal under Section 19. Under Section 19(2), a third party appealing a PIO's decision to disclose information must file the appeal within thirty days from the date of the order. The appellate process and further remedies are governed by Section 19.
Section 11 timeline at a glance
| Step | Time limit | Statutory basis |
|---|---|---|
| PIO notifies the third party of proposed disclosure | Within 5 days of RTI request | Section 11(1) |
| Third party has opportunity to respond | 10 days from receipt of notice | Section 11(2) |
| PIO decides and gives written notice | Within 40 days of RTI request | Section 11(3) |
| Third-party first appeal against disclosure | Within 30 days of the order | Section 19(2) |
How the PIO should apply the provision
- Identify whether the requested record relates to or was supplied by a third party and was treated as confidential.
- Determine whether disclosure is being contemplated, and issue the statutory notice when Section 11 applies.
- Consider the third party's response, any applicable Section 8 or 9 protection, and whether non-exempt portions can be supplied under Section 10.
- Make a reasoned disclosure decision within the applicable time and notify the third party of the decision and appeal rights.
Illustration: If an applicant seeks documents containing confidential commercial material submitted by a contractor, the PIO should consider whether Section 11 consultation is required and whether Section 8(1)(d) protects any part. If only some passages are exempt, the balance may be disclosed after severance in accordance with Section 10.
Frequently asked questions
Can a third party block disclosure merely by objecting?
No. Section 11 requires consultation and consideration of submissions, not automatic acceptance of an objection. The PIO must decide according to the RTI Act.
Does every RTI application mentioning another person require Section 11 notice?
No. The statutory procedure concerns the specified circumstances where the PIO intends to disclose information relating to or supplied by a third party and treated as confidential by that party.
Is the time limit thirty or forty days?
Section 7 ordinarily provides thirty days. When the Section 11 third-party representation procedure applies, Section 11(3) provides for a decision within forty days of receipt of the RTI request.
Official legal sources and RTI portals
- India Code: Right to Information Act, 2005
- RTI Online: Central Government RTI applications
- Central Information Commission
- Department of Personnel and Training
The central RTI Online portal generally handles Central Government public authorities; for State public authorities, use the relevant State mechanism. This article explains the statutory framework and should be read with applicable rules and judicial decisions.