RTI Denied Because of Third-Party Objection — How to Appeal

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.

How Section 11 actually works

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.

When public interest typically overrides third-party objection

The CIC has consistently held that public interest overrides the third party's objection in these situations:

Government contracts. Information about amounts paid, work done, and contractor performance under a government contract is public money — the third party (contractor) has no reasonable privacy expectation: CIC/VS/A/2014/002041.
Regulatory filings. Companies that file documents with government regulators (SEBI, MCA, FSSAI, RERA) as a condition of licence or registration cannot claim those documents are confidential against citizens.
Inspection and compliance reports. A food safety inspection report about a restaurant or hospital is information affecting public health; health and safety override commercial confidentiality.
Subsidy beneficiaries. Lists of individuals or companies that received public subsidies, grants, or scheme benefits cannot be withheld as personal privacy because public funds are involved.
Professional misconduct. Records of professional misconduct findings (doctor, builder, contractor) are matters of legitimate public interest.

When the third party's interest may legitimately prevail

Proprietary trade secrets that were shared in confidence and have no bearing on public funds or public health.
Personal medical or financial records of a private individual (not a public servant) where the applicant has no demonstrated public-interest reason.
Source code or technical specifications filed solely for registration purposes with no relevance to public interest.

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.

Step-by-step: filing the third-party appeal

Get the PIO's order in writing. The PIO's decision after the third-party process must be communicated in writing. If you received a verbal refusal, write to the PIO requesting a written reasoned order.
Identify the public-interest angle. Why does the public need this information? Government funds? Public health? Accountability of a public authority? Write this down before drafting the appeal.
File within 30 days of the PIO's order date.
Address the FAA of the same public authority. See how to find the FAA.
Use the template below. Customise grounds 3(b)–3© for your specific facts.

Third-party appeal letter template

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]

What happens if the FAA sides with the third party?

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:

Summon the third party to appear and demonstrate why disclosure would cause specific harm.
Examine the original documents to assess whether the claimed confidentiality is genuine.
Apply Section 19(5) to shift the burden back to the public authority.

See the second appeal guide for the full CIC petition template.

Common variations

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.

FAQ

Does the third party get a copy of my appeal?

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.

Can I find out what objections the third party raised?

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.

What if the third party is a government-owned company (PSU)?

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.

Is there a time limit for the third party to object?

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.

Build the appeal faster: First Appeal Builder
If FAA also fails: Second appeal to CIC — petition template
PIO's S.8 refusal (not third-party): S.8 rejection appeal template
General FAA guide: FAA powers and limits
Draft a new RTI application: AI RTI Drafter
Sample RTI letters: Sample RTI library

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