Sharing of Third Party Information under RTI Act

 

Article

Sharing of Third Party Information under RTI Act

The Right to Information Act, 2005 protects the interest of third parties with regard to dissemination of their information. It provides that before supplying the information supplied by a third party, which has been treated as confidential by that third party, to someone else such third party should be informed and consulted. An elaborate procedure has been laid down for processing such requests before deciding whether the information should be provided or not. Section 11 of the Act deals with the process of handling such cases which reads as under:

‘11(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.’

Issue of notice to third party:  This section provides that where the Public Information Officer finds that an applicant is seeking information about a third party that has been treated as confidential by that third party, the Public Information Officer shall inform about it to the concerned third party.

The third party shall be informed about the details of applicant and the information sought by him through a written notice.

The Public Information Officer shall send the notice to the third party, within five days of the receipt of application.

Through the notice the Public Information Officer shall inform that he intends to disclose the information or record, or part thereof to the applicant. The Public Information Officer shall invite the third party to make his submissions in writing or orally, as to whether the information should be disclosed or not.

The third party shall be given the opportunity to make representation against the proposed disclosure, within ten days from the date of receipt of such notice,.

Time Frame in Third Party cases: The Public Information Officer shall make a decision as to whether or not to disclose the information or record or part thereof within forty days after receipt of the request.

This period of 40 day is applicable where the Public Information Officer gives in writing the notice of his decision about proposed disclosure to the third party and the third party has been given an opportunity to make representation against it.

In case where submissions are made by the third party, the Public Information Officer shall keep in view such submissions of the third party while taking a decision about disclosure of information.

The Public Information Officer may invite both the parties for hearing to 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.

However, if no submissions are made by the third party the Public Information Officer shall proceed to examine the matter and take appropriate decision, within the prescribed time.

Public Interest to over weigh in disclosure of information: The Public Information Officer may allow disclosure of information in such cases only if the public interest in disclosure outweighs in importance against any possible harm or injury to the interests of such third party.

Trade and Commerce secret protected: The trade or commercial secrets protected by law shall, however, not be disclosed.

Appeal: While giving a notice about his intension for disclosure or non-disclosure of information or part thereof the Public Information Officer 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 before the first Appellate Authority.

A copy of the notice shall also be sent to the applicant so that he may also think of going into appeal, if he so chooses within the specified period.

A provision of second appeal against the decision of the First Appellate Authority is also there in the Act which shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission.

Thus the Public Information Officer shall not disclose the information or part thereof till the process of filing or non-filing first and second appeals is over, so that the right of either party for going into appeals does not become infructuous.



FAQs

Q1. Can Public Information Officer provide information about third party without giving him a notice?

Ans. 1 No. He has to give a notice to the third party within five days of the receipt of RTI application.

Q 2. Can Public Information Officer go ahead to decide the matter if no response is given by third party to the notice within stipulated ten days?

Ans. 2. Yes. He can go ahead and decide the matter within the prescribed period of 40 days.

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Location: India

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