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—definitions:third-party-rti [2026/06/03 17:01] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(third party RTI, section 11 RTI act, third party information RTI, third party notice RTI, RTI third party meaning)
 +metatag-description=(A third-party RTI under Section 11 arises when the requested information relates to a third party who has provided it in confidence. The PIO must notify the third party before disclosure.)
 +metatag-title=(What is a third-party RTI under Section 11 of the RTI Act?)}}
  
 +====== What is a third-party RTI under Section 11 of the RTI Act? ======
 +
 +<WRAP center round tip 95%>
 +**Direct answer:** A "third-party RTI" situation arises under Section 11 when information requested under the RTI Act concerns a third party — a person or entity other than the applicant — who has provided that information in confidence to the public authority. Before disclosing, the PIO must give the third party written notice and an opportunity to object.
 +</WRAP>
 +
 +===== In plain English =====
 +
 +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.
 +
 +===== Why it matters for citizens =====
 +
 +  * **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.
 +
 +===== Procedure under §11 =====
 +
 +  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.
 +
 +===== Related sections of the RTI Act =====
 +
 +  * **§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.
 +
 +===== Related tools =====
 +
 +  * [[https://righttoinformation.wiki/tools/exemption-analyzer.html|Exemption Analyzer]] — evaluates the strength of a third-party confidentiality claim.
 +  * [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] — helps frame requests to minimise third-party complications.
 +
 +===== Frequently asked questions =====
 +
 +==== Can I ask for information about a private company under RTI? ====
 +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.
 +
 +==== How long does a §11 third-party process add to my 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.
 +
 +==== Can I appeal if the PIO refuses my RTI citing third-party confidentiality? ====
 +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.
 +
 +===== Sources =====
 +
 +  * 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.//
 +
 +{{tag>definitions third-party-rti rti-act section-11 2026}}