You filed an RTI application asking for, say, a contractor's tender documents, a hospital's inspection report, or a company's compliance filing with a regulator. The PIO wrote back saying a “third party” objected and the information cannot be given. This refusal is very often wrong. Section 11 of the RTI Act 2005 does not give the third party a veto — it gives the third party a hearing. The PIO must still apply a public-interest test. This guide explains when to appeal, how to argue the public-interest override, and gives you the exact appeal letter.
Direct answer. A third party's objection under Section 11 does not automatically justify a refusal. The PIO must weigh whether the public interest in disclosure outweighs the third party's interest in confidentiality. File a first appeal under Section 19(1) within 30 days of the PIO's order, arguing the public-interest override and the specific weakness in the PIO's reasoning. Template is below.
Section 11(1): If the information relates to a third party and the third party considers it confidential, the PIO shall invite the third party to submit written objections within 10 days before deciding.
Section 11(3): The PIO must give a decision within 40 days from the original RTI application (30 + 10 days for third-party notice).
The critical part most PIOs skip: Section 11(1) ends with the words “if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.” This is not optional. The PIO must perform and record a public-interest balance. If the PIO simply says “third party objected, so denied,” the order is incomplete and can be reversed on first appeal.
The CIC has consistently held that public interest overrides the third party's objection in these situations:
If your information falls here, the appeal is harder — but not impossible. Focus the appeal on whether the PIO actually recorded the balance rather than just rubber-stamping the third party's objection.
To,
The First Appellate Authority,
[NAME OF PUBLIC AUTHORITY],
[Full postal address]
Date: [DD/MM/YYYY]
Subject: First appeal under Section 19(1) of the RTI Act, 2005 —
challenge to PIO's refusal citing third-party objection under S.11.
Application No. [REF] dated [DATE].
Sir / Madam,
1. I submitted RTI Application No. [REF] dated [DATE] seeking:
[PASTE ORIGINAL QUESTIONS]
2. By order dated [PIO ORDER DATE], the PIO refused to supply the
information, stating that the third party — [NAME/DESCRIPTION OF THIRD
PARTY, e.g., "the contractor M/s ABC Constructions"] — had objected to
disclosure under Section 11(1) of the RTI Act.
3. I respectfully submit that the PIO's order is illegal and liable to be
set aside on the following grounds:
(a) Section 11(1) of the RTI Act does not confer an absolute veto on
the third party. The provision expressly requires the PIO to disclose
the information if "the public interest in disclosure outweighs in
importance any possible harm or injury to the interests of such third
party." The PIO's order does not record any public-interest analysis,
rendering it non-speaking and void: CIC/VS/A/2013/001802.
(b) The information I sought — [DESCRIBE: e.g., "amount paid to the
contractor, work completion status, and penalty clauses invoked"] —
relates to the expenditure of public funds under a government
contract. The public has a legitimate interest in knowing whether
public money was spent properly. The third party, by accepting a
government contract, impliedly consented to scrutiny of its
performance: CIC/VS/A/2014/002041.
(c) [ADD SPECIFIC PUBLIC-INTEREST GROUND, e.g.: The contract in question
is for a public infrastructure project funded by [scheme/budget line].
Any deficiency in execution directly affects [number] citizens in
[area]. Disclosure is necessary to hold both the contractor and the
public authority accountable.]
(d) The third party has not established — and the PIO has not found —
that the specific information I requested constitutes a "trade secret"
or "commercial confidence" in the technical sense. General objections
to disclosure do not discharge the burden under Section 19(5).
4. I request this authority to:
(a) Set aside the PIO's order dated [DATE];
(b) Direct the PIO to supply the information within 15 days;
(c) Record that the third party's objection was insufficient to justify
a blanket refusal under the RTI Act.
Enclosed: (i) RTI application, (ii) fee receipt, (iii) PIO order.
Yours faithfully,
[Your full name]
[Address]
[Phone / email]
[Date]
File a second appeal to the Central Information Commission (central authority) or State Information Commission (state authority). In the second appeal, you can additionally ask the Commission to:
See the second appeal guide for the full CIC petition template.
Medical / hospital information. If the third party is a hospital and the information is an inspection report, cite the public-health interest explicitly. The CIC has held that inspection reports of public health facilities are disclosable even if the hospital objects.
Tender and contract documents. “L1” (lowest bid) prices and tender evaluation documents are routinely subject to third-party objections from unsuccessful bidders. The CIC has consistently held that tender evaluation is a matter of public record.
Employee at a private company. If you are seeking information about a private employee whose employer filed documents with a government body, the third party's privacy interest is stronger. Focus your appeal on the specific public-authority nexus.
Generally, yes — especially at the second-appeal stage. The Information Commission can summon the third party as a respondent. At the first-appeal stage, the FAA may or may not invite the third party again, depending on practice.
The PIO's order should summarise the third party's objections. If it doesn't, ask for a copy of the third party's written response in a fresh RTI application to the same public authority. Their objections are part of the file and not themselves exempt.
A PSU / government company is itself a “public authority” for many purposes. Its commercial information filed with the central government may be disclosable — the threshold for the “trade secret” exemption is higher for a PSU than for a genuinely private company.
Yes — Section 11(1) gives the third party 10 days to respond to the PIO's notice. If the third party didn't respond in 10 days and the PIO still refused, that is itself a procedural ground for appeal.