Section 11 of The Right to Information Act, 2005
- (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.
Summary
- The public information officer must give written notice to a third party within five days of getting a request if they intend to share confidential information supplied by or relating to that third party.
- The third party has ten days from receiving this notice to make a written or oral statement against sharing the information.
- The officer can still decide to disclose the information if the public interest in sharing it is more important than any harm to the third party, except for trade secrets protected by law.
- The officer must make a final decision and notify the third party in writing within forty days of receiving the original request.
- The written notice of the decision must inform the third party that they have a right to appeal the decision under Section 19 of the Act.
Practical examples
FAQ
1. What is the time limit for a third party to object to information disclosure under Section 11 of the Right to Information Act, 2005?
Under Section 11 of the Right to Information Act, 2005, a third party has ten days from the date they receive the notice from the public information officer to make their representation against disclosing the information.
2. How many days does an officer have to notify a third party about a request under Section 11 of the Right to Information Act, 2005?
Under Section 11 of the Right to Information Act, 2005, the public information officer must issue a written notice to the third party within five days of receiving the information request.
3. Can trade secrets be disclosed in public interest under Section 11 of the Right to Information Act, 2005?
Under Section 11 of the Right to Information Act, 2005, the general rule allowing disclosure in public interest does not apply to trade or commercial secrets that are protected by law.
4. What is the final deadline for an officer to decide on third party information under Section 11 of the Right to Information Act, 2005?
Under Section 11 of the Right to Information Act, 2005, the public information officer must make a decision within forty days of receiving the request, provided the third party was given an opportunity to object.
Test yourself
Q1.Under Section 11 of the Right to Information Act, 2005, within how many days of receiving a request must the public information officer send a written notice to a third party?
Q2.Under Section 11 of the Right to Information Act, 2005, how many days is a third party given to make a representation against the proposed disclosure of their confidential information?
Q3.Under Section 11 of the Right to Information Act, 2005, what is the total time limit for the public information officer to make a final decision on whether to disclose the third-party information?
Q4.Which of the following cannot be disclosed under Section 11 of the Right to Information Act, 2005, even if the public interest outweighs the potential harm to the third party?