How FAA Should Handle Third-Party Information Appeals

Section 11 is the most procedurally fragile part of the RTI machinery. PIOs sometimes refuse without notice; the third party objects; the FAA upholds without hearing the third party. Each of these errors is reversible at the Commission. This page sets out the FAA's checklist so that the speaking order is bullet-proof.

• The RTI sought information that the PIO believes belongs to a third party (commercial / personal / fiduciary).
• The PIO has issued or skipped the Section 11 notice and the appellant or third party has appealed.
• The third party has separately appealed against disclosure (Section 19(2) appeal of a third-party).
• The information sought has both first-party and third-party components.

• Section 11(1) — where information sought relates to a third party which has been treated as confidential by the third party, the PIO shall, within five days of receipt of the request, give written notice to the third party and invite representations.
• Section 11(2) — third party may make representations within ten days of the notice.
• Section 11(3) — PIO must take a decision within forty days of receipt of the request, after considering the representations.
• Section 11(4) — third party has a right of appeal under Section 19 within thirty days.
• Section 8(1)(d), (e), (j) — the substantive exemptions that often go with a Section 11 procedural overlay.

1. Point 1: Notice issued? Did the PIO issue notice to the third party within five days? If not, the appeal is to be allowed for procedural failure.
2. Point 2: Adequacy of notice. The notice must specifically describe the records, identify the requester (or at least anonymise as appropriate), and mention the proposed disclosure.
3. Point 3: Third-party heard? Did the third party have ten days to respond? Did the PIO consider the response?
4. Point 4: Public-interest balance. Section 11(1) makes clear that disclosure may follow even if the third party objects, where the public interest in disclosure outweighs harm. The PIO must record this balance; if not, the FAA must.
5. Point 5: Severance / redaction. Often the answer is partial disclosure with personal identifiers redacted under Section 10.

1. Step 1. On receipt of an appeal in a Section 11 matter, immediately issue notice to the third party identifying that an appeal is pending and inviting representations within ten days.
2. Step 2. Hold a joint hearing with the appellant, the PIO and the third party. If a joint hearing is awkward, hold separate hearings on the same day.
3. Step 3. Examine whether the substantive exemption (Section 8(1)(d) or (e) or (j)) is engaged.
4. Step 4. Apply the public-interest balance under Section 8(2) read with Section 11.
5. Step 5. Consider Section 10 severance.
6. Step 6. Pass the speaking order in the template at FAA speaking order format — Template 5.

• Bidder names, bid amounts, evaluation: usually disclosable post-award.
• Trade secrets in bid documents: redactable under Section 10.
• Cite the proviso to Section 8(1)(d) — public-interest override is strong on procurement transparency.

• Salary, posting, performance reports: largely disclosable per *Girish Deshpande*.
• Confidential appraisal: usually not disclosable absent specific public-interest case.

• Lists of subsidy / pension / scholarship beneficiaries are public information under Section 4(1)(b)(xii)/(xiii) and need no Section 11 notice.

• Highly third-party-sensitive. Section 11 notice mandatory; Section 8(1)(j) strong defence.

• Largely public; Section 11 not triggered for ownership records that are already in the registrar's office.

ORDER UNDER SECTION 19(6) READ WITH SECTION 11 OF THE RTI ACT, 2005

Appeal No.: FAA/[YYYY]/[NNN]
Date of order: [date]

1. The appeal arises from RTI dated [date] seeking [records].
2. The records relate to [third party name / category].
3. The PIO issued / failed to issue the Section 11(1) notice on [date].
4. Notice issued by this office to the third party on [date]; the
   third party submitted representations on [date].
5. A joint hearing was held on [date]; appellant, PIO and third party
   attended.

6. Findings.
   (a) The records constitute [type of third-party information].
   (b) Substantive exemption invoked: Section 8(1)(__).
   (c) Section 11(1) public-interest balance: [reasoning].
   (d) Section 10 severance: [whether possible].

7. Order.
   (a) Appeal [allowed / partly allowed / rejected].
   (b) Specific direction: [as appropriate].
   (c) Third party informed of Section 19(2) right of appeal.

[Closing as standard]

• Deciding without hearing the third party — voids the order.
• Treating Section 11 as a refusal ground — it is procedural.
• Ignoring Section 10 severance.
• Failing to inform the third party of her own right of second appeal under Section 19(2).
• Confidentiality of the appellant — sometimes the third party demands the appellant's identity. The FAA should anonymise unless legitimate cause to disclose.

No. It applies where the third party has treated the information as confidential. Routine procurement awards, beneficiary lists, etc., are public.

The PIO at first instance. The FAA may issue her own notice on appeal.

The PIO should make reasonable efforts and record them. Untraceable third parties cannot be a reason to refuse.

No. Section 11(1) is clear that disclosure may follow despite objection if public interest outweighs harm.

Section 11(4) gives the third party an independent right of appeal under Section 19. The FAA hears it like any other appeal.

Generally no, unless there is specific reason. The FAA should anonymise.

Yes, but the public interest in procurement transparency usually tips disclosure post-award.

• The Right to Information Act, 2005 — Section 11, Section 8, Section 10.
• *Girish Ramchandra Deshpande v. CIC*, (2013) 1 SCC 212.
• *CPIO Supreme Court v. Subhash Chandra Agarwal*, (2020) 5 SCC 481.
• Department of Personnel and Training, rti.gov.in — guidance on Section 11 procedure.

• FAA speaking order format
• FAA powers and limits
• Section 8 appeal checklist
• Deemed-refusal checklist
• RTI rejected? How to fix it

Last reviewed: 9 May 2026.