What is a third-party RTI under Section 11 of the RTI Act?

When you ask a government body for information, sometimes that information is not just about the government — it may have been given to the government by a private company, another person, or an organisation, with an expectation of confidentiality. Section 11 is a safeguard: before handing that information to you, the PIO must tell the third party and give them a chance to argue why it should not be disclosed.

Example: You file an RTI asking the Pollution Control Board for the effluent test reports submitted by a private factory under an environmental permit. The factory is the “third party.” Under §11(1), the PIO must notify the factory and invite their objection. The factory may object citing trade secrets (§8(1)(d)). The PIO then decides — and their decision (whether to disclose or refuse) can be appealed by either you or the factory.

• Causes processing delay. §11 allows the third party 10 days to respond, which can delay your information by up to 40 days. If you are seeking time-sensitive information, factor this in.
• Third parties can challenge disclosure. The third party's objection must cite a specific §8(1) exemption — a bare “it's confidential” objection is not enough. The PIO must apply the §8(2) public interest test.
• Public interest overrides §11 confidentiality. Even if the third party objects, the PIO (and on appeal, the CIC/SIC) can order disclosure if the public interest in disclosure outweighs the harm. Corruption, public health, and environmental safety almost always tip the balance towards disclosure.

1. PIO identifies third-party information in the requested records.
2. PIO notifies the third party in writing within 5 days of receiving the RTI.
3. Third party has 10 days to make a written representation.
4. PIO decides within the overall 40-day extended window.
5. Both the applicant and the third party can appeal the PIO's decision.

• §11(1) — the third-party notice procedure.
• §8(1)(d) — commercial confidence, trade secrets (the exemption third parties usually invoke).
• §8(2) — public interest override on §8 exemptions.
• §19(2) — third party's right to appeal against a PIO order to disclose.

• Exemption Analyzer — evaluates the strength of a third-party confidentiality claim.
• AI RTI Drafter — helps frame requests to minimise third-party complications.

Only if that company has provided the information to a public authority — for example, as part of a government licence, tender, subsidy, or regulatory submission. Purely internal private company records are not accessible via RTI.

Up to 10 extra days for the third party's response window. The overall RTI response deadline is extended to 40 days when §11 is invoked (30 + 10). However, many PIOs process §11 notices faster.

Yes. File a First Appeal under §19(1). The FAA must evaluate whether the §8(2) public interest override applies. Many CIC/SIC orders have rejected bare §8(1)(d) confidentiality claims when public money or governance is involved.

• Right to Information Act, 2005 — §§11, 8(1)(d), 8(2), 19(2)
• Thalappalam (2013) SC on cooperative societies as public authorities
• CIC orders on commercial confidence claims

Last reviewed: May 2026. Part of the RTI Wiki definitions series.