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—faqs:rti-third-party-information-disclosure [2026/07/22 17:47] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatitle=Can third-party confidential information be disclosed under RTI? Guide 2026
 +metadescription=Third-party information supplied in confidence may still be disclosed under RTI if public interest outweighs privacy harm. CIC explains the legal test.
 +metakeywords=third party information rti, confidential information rti disclosure, rti third party notice, section 11 rti act}}
 +
 +====== Can third-party confidential information be disclosed under RTI? ======
 +
 +
 +
 +{{ :social:auto:faqs-rti-third-party-information-disclosure.png?direct&1200 |Can third-party confidential information be disclosed under RTI? — RTI Wiki}}
 +
 +<WRAP center round info 95%>
 +**Quick Reply:** Can third-party confidential information be disclosed under RTI?
 +</WRAP>
 +
 +<WRAP center round tip 100%>
 +**Direct answer:** Possibly yes. The CPIO must give written notice to the third party and consider their objections. If public interest in disclosure outweighs the harm to the third party's privacy or commercial interests, disclosure is ordered — even if the third party objects. RTI Act 2005, §11 governs this process.
 +</WRAP>
 +
 +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.
 +
 +===== What the official portal says =====
 +
 +> "Third-party information requires written notice and consideration of submissions; disclosure occurs when public interest outweighs privacy harm." — [[https://cic.gov.in/faqs|CIC FAQ Q38]]
 +
 +===== How the §11 procedure works =====
 +
 +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.
 +
 +===== The public interest test =====
 +
 +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.
 +
 +===== What to do if your RTI is delayed by §11 =====
 +
 +  - **Expect up to 40 days** instead of 30 when a third party is involved.
 +  - **If no decision in 40 days**: treat it as a deemed refusal and file a first appeal.
 +  - **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.
 +  - **If denied**: appeal to CIC arguing the public interest test.
 +
 +===== FAQ =====
 +
 +==== Can a company always block RTI disclosure by claiming "trade secret"? ====
 +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.
 +
 +==== What if the third party is another government department? ====
 +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.
 +
 +==== Does the third party's objection always delay my RTI? ====
 +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.
 +
 +==== Can I find out if a third party was notified in my case? ====
 +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.
 +
 +===== Related tools and pages =====
 +
 +  * [[https://righttoinformation.wiki/tools/pio-reply-checker|PIO Reply Checker]] — assess if CPIO's §11 invocation is valid
 +  * [[https://righttoinformation.wiki/tools/first-appeal-app.html|First Appeal Builder]] — challenge §11 delays or refusals
 +  * [[https://righttoinformation.wiki/faqs/cic-start|All CIC FAQs index]]
 +
 +{{tag>rti third party confidential information disclosed}}