Can third-party confidential information be disclosed under RTI?

If you filed an RTI asking for information that involves another person's or company's data — a contractor's bid, a competitor's licence application, a neighbour's property documents — the CPIO may invoke the third-party procedure. Understanding it helps you anticipate delays and push back if a CPIO uses third-party protection as a routine excuse.

“Third-party information requires written notice and consideration of submissions; disclosure occurs when public interest outweighs privacy harm.” — CIC FAQ Q38

RTI Act 2005, §11 requires:

• The CPIO to give the third party written notice of the RTI application
• The third party gets 10 days to submit written objections
• The CPIO then decides — within 40 days of the original RTI receipt — whether to disclose

The third party can appeal any disclosure decision to the First Appellate Authority and then CIC, just as the original applicant can appeal a refusal.

CIC and courts have consistently applied a proportionality test: does the public interest in disclosure outweigh the harm to the third party? Factors favouring disclosure include: information about misuse of public funds, public health or safety implications, accountability of persons in public life, and detection of corruption or fraud. Factors favouring protection include: genuine commercial secrets that competitors would exploit, personal medical or financial information of private individuals, and security risks.

The Supreme Court in Girish Ramchandra Deshpande v. CIC (2012) held that personal service and income-tax returns of public servants can be disclosed only if public interest is established.

1. Expect up to 40 days instead of 30 when a third party is involved.
2. If no decision in 40 days: treat it as a deemed refusal and file a first appeal.
3. In your first appeal, argue that the information is in public interest and the CPIO has not demonstrated that harm to the third party outweighs public benefit.
4. If denied: appeal to CIC arguing the public interest test.

No. RTI Act 2005, §8(1)(d) exempts trade secrets and commercial confidences — but §8(2) allows disclosure if public interest outweighs the harm. CPIOs and CIC regularly order disclosure of contractor bid prices, project costs, and fee structures despite commercial sensitivity objections.

The §11 third-party procedure applies to information supplied by any third party in confidence — including other government bodies. However, inter-government information is more often handled via the exemptions in §8 rather than §11.

Not always — only when the CPIO actually invokes §11. Many CPIOs disclose third-party-related information directly if they judge the information is not “confidential.” The third party can then appeal the disclosure.

You can ask in your first appeal whether §11 notice was issued and what the third party's response was. The FAA and CIC can direct the CPIO to disclose this procedural information.

• PIO Reply Checker — assess if CPIO's §11 invocation is valid
• First Appeal Builder — challenge §11 delays or refusals
• All CIC FAQs index