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—guide:pio:section-11-third-party-notice [2026/07/10 21:25] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(Section 11 RTI third party notice,RTI third party procedure,confidential third party RTI,Section 11 timeline,RK Jain v UoI,third party objection RTI)
 +metatag-description=(Section 11 third party notice procedure: 5-day notice, 10-day representation, 40-day decision, hearing minutes and a defensible template the FAA cannot fault.)}}
  
 +====== Section 11 Third Party Notice: Procedure, Template and Timeline ======
 +
 +<WRAP center round tip 100%>
 +Section 11 of the RTI Act 2005 governs disclosure of information that is supplied by, or treated as confidential by, a third party. The process is strict: **written notice within 5 days of receipt; third party has 10 days to make representation; final decision within 40 days of receipt of the request; written reasons; appeal right of the third party under Section 19(2)**. PIOs lose appeals routinely for skipping the notice, missing the 5-day window or omitting the hearing minutes.
 +</WRAP>
 +
 +===== When to use this guide =====
 +
 +Use this guide whenever an RTI request seeks information that:
 +  * a third party submitted to the public authority in confidence (eg bid pricing, vigilance complaint, ACR submitted by reporting officer); or
 +  * relates to a third party and is treated as confidential (eg medical certificate, personal financial declaration, contract negotiation correspondence).
 +
 +This guide gives the procedure, template, hearing minutes format and common pitfalls.
 +
 +===== Legal basis =====
 +
 +  * **RTI Act 2005, Section 11(1)**: PIO must give notice to the third party within five days of receipt of the request, inviting representation in writing or orally within ten days.
 +  * **Section 11(2)**: third party may make a representation against disclosure.
 +  * **Section 11(3)**: PIO must decide within forty days of receipt of the request whether to disclose; the decision is to be communicated in writing to both parties.
 +  * **Section 11(4)**: third party has 30 days to file an appeal under Section 19(2).
 +  * **Section 8(1)(d) and 8(1)(j)**: substantive exemptions usually invoked alongside Section 11.
 +
 +The Supreme Court in **Reserve Bank of India v Jayantilal N Mistry, (2016) 3 SCC 525** clarified that Section 11 does not by itself create an exemption; it is procedural. The substantive exemption must lie in Section 8.
 +
 +In **R K Jain v Union of India, (2013) 14 SCC 794** the Supreme Court reaffirmed the mandatory nature of Section 11 notice for confidential third-party data.
 +
 +===== Step-by-step process =====
 +
 +A PIO faced with a Section 11 trigger must follow this sequence, and document each step in the file.
 +
 +  - **Receive the request and date-stamp.** Day 0 of the 40-day clock.
 +  - **Identify the third party.** Anyone who supplied the data or who is the subject of confidential information held by the public authority.
 +  - **Issue Section 11(1) notice within 5 days.** In writing, by Speed Post AD or by tracked email, with read confirmation. Attach a copy of the relevant portion of the RTI request.
 +  - **Wait 10 days for representation.** Third party may respond in writing or seek oral hearing.
 +  - **Hold a brief hearing if requested.** Record minutes, date, attendees, points raised, documents shown.
 +  - **Apply Section 8 / 9 exemptions.** Section 11 by itself is procedure. Find the substantive exemption (8(1)(d) commercial confidence, 8(1)(j) privacy, 8(1)(g) safety) that applies.
 +  - **Decide within 40 days from Day 0.** Disclose / decline / partially disclose with severance under Section 10. Record reasons.
 +  - **Communicate the decision to both applicant and third party in writing.** Inform the third party of their Section 11(4) appeal right.
 +
 +===== Format / template =====
 +
 +Section 11(1) notice to the third party.
 +
 +<code>
 +File no. [number]/[year]/[section]
 +Office of [Public Authority]
 +Date: [DD/MM/YYYY]
 +
 +To,
 +[Third party name and address]
 +
 +Sub: Notice under Section 11(1) of the Right to Information Act, 2005, regarding RTI application [number] dated [date]
 +
 +Sir / Madam,
 +
 +This office has received an RTI application from [Applicant name] dated [DD/MM/YYYY] seeking [brief description of the relevant query]. The information requested includes [or, relates to] data that was supplied by you / relates to you and is presently held in confidence by this office.
 +
 +Under Section 11(1) of the RTI Act, 2005, I hereby invite your representation in writing or orally within ten days of receipt of this notice. You may also request an oral hearing.
 +
 +Please note that the final decision under Section 11(3) will be taken by the undersigned within forty days from the date of receipt of the application, ie by [date]. If disclosure is decided despite your objection, you have a right of appeal under Section 11(4) read with Section 19(2) within thirty days.
 +
 +Yours faithfully,
 +[Signature]
 +Public Information Officer
 +[Office, telephone, email]
 +
 +Enclosures: Copy of the relevant portion of the RTI application.
 +</code>
 +
 +Hearing minutes template.
 +
 +<code>
 +Minutes of the hearing under Section 11(1) of the RTI Act, 2005
 +
 +File no. [number]/[year]/[section]
 +Date and time: [DD/MM/YYYY HH:MM]
 +Venue: [room]
 +Present: [PIO name and designation]; [third party name and authorised representative if any]
 +
 +1. The PIO read out the relevant portion of the RTI request.
 +2. The third party made the following representation: [summary in three to five lines].
 +3. Documents shown by the third party: [list].
 +4. The PIO informed the third party of the consideration of Section 8(1)(d) / (j) / (g) and Section 10 severability.
 +5. The third party requested [redaction / non-disclosure / partial disclosure] for the following reasons: [reasons].
 +6. The PIO closed the hearing and reserved the decision.
 +
 +[Signature of PIO]
 +[Signature of third party / acknowledgement of refusal to sign]
 +</code>
 +
 +Final reply communicating Section 11(3) decision (extract).
 +
 +<code>
 +The undersigned, after consideration of the representation dated [date] of the third party, the relevant exemption(s) under Section 8 and the principle of severability under Section 10, has decided as under:
 +
 +(a) Information at point [number] [is disclosed in full / is disclosed in part with redaction of paragraph(s) [reference] under Section 8(1)(d)/(j) / is declined under Section 8(1)(d)/(j)].
 +(b) Reasons recorded in the file noting dated [date].
 +
 +Both parties are informed of the right of appeal under Section 19(1) (applicant) and Section 11(4) read with Section 19(2) (third party) within 30 days.
 +</code>
 +
 +===== Common mistakes =====
 +
 +  * **Skipping the 5-day window.** Delay in issuing Section 11(1) notice has been held to be a serious procedural breach by the CIC.
 +  * **No record of dispatch of notice.** Always Speed Post AD or tracked email. UPC and ordinary post leave you exposed.
 +  * **Treating Section 11 as a substantive exemption.** It is procedure only. The substantive ground must lie in Section 8.
 +  * **Skipping the hearing.** If oral hearing was requested or is fair in the circumstances, hold it. Record minutes.
 +  * **Missing the 40-day decision deadline.** The 40-day timeline runs from receipt of the request, not from issue of notice.
 +  * **Forgetting to inform the third party of the appeal right.** This is a mandatory limb under Section 11.
 +  * **Disclosing before the appeal window closes.** When the third party objects and you decide to disclose, disclosure should ordinarily be deferred until the 30-day appeal window expires.
 +
 +===== Appeal or next step =====
 +
 +  * **Applicant first appeal** under Section 19(1) within 30 days.
 +  * **Third party first appeal** under Section 11(4) read with Section 19(2) within 30 days.
 +  * **Second Appeal** to CIC / SIC by either party under Section 19(3).
 +  * **Section 20 penalty** for the PIO if denial without reasonable cause.
 +
 +===== FAQs =====
 +
 +==== Is Section 11 notice required for every RTI? ====
 +
 +No. Only when the request involves third-party data that the public authority holds in confidence, or that the third party supplied in confidence.
 +
 +==== Who is the "third party" under Section 11? ====
 +
 +Any person other than the applicant whose information is being disclosed, including a public servant whose personal data is being sought.
 +
 +==== Can the third party block disclosure? ====
 +
 +No. The PIO is the decision-maker. The third party can file an appeal under Section 11(4) read with Section 19(2).
 +
 +==== What if the third party does not respond within 10 days? ====
 +
 +The PIO may proceed to decide on merits, subject to the substantive exemptions in Section 8 and severability under Section 10.
 +
 +==== Is Section 11 needed when the applicant seeks their own data? ====
 +
 +No. The applicant is the data principal; no third-party trigger arises.
 +
 +==== Does Section 11 apply to commercial confidence (Section 8(1)(d))? ====
 +
 +Often yes. Bidders and contractors are typically third parties who supplied data treated as confidential. Combine with severance under Section 10.
 +
 +==== Can email serve as Section 11(1) notice? ====
 +
 +Yes, provided you have proof of dispatch and read confirmation, and the third party uses email as a working channel.
 +
 +===== Sources =====
 +
 +  * RTI Act 2005: [[https://cic.gov.in/rti-act.pdf|cic.gov.in]]
 +  * Department of Personnel and Training: [[https://dopt.gov.in|dopt.gov.in]]
 +  * Central Information Commission: [[https://cic.gov.in|cic.gov.in]]
 +  * Supreme Court of India: [[https://main.sci.gov.in|main.sci.gov.in]]
 +  * State ATIs and YASHADA training modules
 +
 +Last reviewed: 9 May 2026.
 +
 +===== Related PIO guides =====
 +
 +  * [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] for inbound applicants.
 +  * [[guide|Guide hub]]
 +  * [[guide:pio:section-8-1-j-personal-information|Section 8(1)(j) checklist]]
 +  * [[guide:pio:section-10-severability|Section 10 severability]]
 +  * [[guide:pio:reply-after-dpdp|PIO reply after DPDP]]
 +  * [[guide:pio:file-noting-format|PIO file noting format]]
 +  * [[guide:pio:vague-voluminous-rti|Vague or voluminous RTI]]
 +===== Section 11 third party notice in RTI: When does the PIO need to consult a third party? =====
 +
 +Section 11 of the RTI Act requires the PIO to give a "third party" notice before disclosing their information. Here is the complete guide:
 +
 +  - **Step 1: What is Section 11?** (a) Section 11 applies when the PIO intends to disclose information that relates to or is supplied by a "third party" and is treated as confidential, (b) the PIO must give the third party a written notice, (c) the third party has 5 days to make a representation, (d) the PIO must then decide within 40 days whether to disclose.
 +  - **Step 2: Who is a "third party"?** (a) a third party is any person other than: (i) the citizen making the RTI request, (ii) the public authority, (b) examples: (i) a company that submitted a bid to a government tender, (ii) a person whose name appears in a government report, (iii) a contractor whose contract details are sought, (iv) an employee whose service records are sought by someone else.
 +  - **Step 3: When Section 11 applies.** (a) the information must relate to or be supplied by the third party, (b) the information must be treated as "confidential" by the third party, (c) the PIO must be "considering" disclosing it, (d) common scenarios: (i) RTI for contract/bid details, (ii) RTI for another person's salary/ITR, (iii) RTI for a complaint filed by someone else, (iv) RTI for property records involving another person.
 +  - **Step 4: The notice procedure.** (a) the PIO issues a written notice to the third party, (b) the notice must state: (i) the RTI request details, (ii) the information proposed to be disclosed, (iii) that the third party can make a representation within 5 days, (iv) that the PIO will decide within 40 days, (c) the notice can be sent by post or email.
 +  - **Step 5: Third party's options.** (a) the third party can: (i) consent to disclosure, (ii) object to disclosure (with reasons), (iii) not respond (the PIO can still disclose), (b) if the third party objects: the PIO must consider the objection but is not bound by it, (c) the PIO must balance: (i) the third party's privacy/confidentiality, (ii) the public interest in disclosure.
 +  - **Step 6: PIO's decision.** (a) the PIO decides within 40 days (instead of 30), (b) if the PIO decides to disclose: the third party can appeal to the FAA (first appeal), (c) if the PIO decides not to disclose: the RTI applicant can appeal to the FAA, (d) the PIO must give reasons for the decision.
 +  - **Step 7: Exemptions.** (a) Section 11 does NOT automatically exempt information — it is a procedural requirement, (b) even if the third party objects: the PIO can disclose if the public interest outweighs the third party's confidentiality, (c) the Supreme Court (CBSE vs Aditya Bandopadhyay, 2011) held that answer sheets can be disclosed under Section 11, (d) salary details of government employees are not "third party" information (they can be disclosed without Section 11 notice).
 +
 +See [[https://righttoinformation.wiki/rti-section-20-penalty-pio-high-court|Section 20 Penalty]] and [[https://righttoinformation.wiki/guide/find-pio-2026|Find PIO]].
 +
 +{{tag>section 11 third party notice rti confidential 5 days 40 days public interest privacy 2026}}