ucat Wilh pronmpuy

VI. Third party information (Sec. 1)

Third party means a person other than the citizen making a
request for infornmation and includes a ction 2n
public authority [Section 2(n)
Where a Central Public Information
Officer tate Publi
or a State Public
to disclose
InformationOfficer, as the case may be,
information or record, or part thereof on a
intends

request mad under thi

an
any
de under this
Act, which relates to or has been supplied by a third party and has
been treated as confidential by that third party, the Central Puhli
ntral Public
Intormation Officer or State Public Information Officer, as the Cas
may be, shall, within five days from the receipt ofthe request, eive
written notice to such third party of the request and of the fact that
the Central Public Information Officer or State Public Information
Officer, as the case may be, intends to disclose the information o
record, or part thereof, and invite the third party to make a submission
in writing or orally, regarding whether the information should he
disclosed, and such submission of the third party shall be kept in view
while taking a decision about disclosure of information:
Provided that except in the case of trade or commercial secrets
protected by law, disclosure may be allowed if the public interest in
 any possible.
harm or injury to the
importance
eighs in
third party.
thir
disch Public In
by the Central
s u c h

of
is served
may be, under
e r e s t s

Information ficer, as the case

Public of any information or record
Ofticer
orState
in respect
to a third party shall, within ten days from the date of
(1)
sub-section
the third party to make representation
t h e r e o f ,

the opportunity
atuch uc notice, be given
aeptofs lisclosure.
disclosur

in Section 7, the Central

proposed
the
gainst
Agaunst
anything containedi
Nortwithstanding
State Public
Information Officer, as the
Information Officeror
P u b l i cI n f o r m a t i o n

after receipt of
the request
shall, within
be. sha
forty days to
be, may
third party has been given an opportunity
the
if ti
CaSection 6, if
case

a decision as to
section (2), make
Section
nder under
representation or record or part
thereof
nake disclose the information
not to
whether or not third party.
ther or
his decision to the
in writing the notice of statément
and give (3) shall include a
sub-section
under
4A notice given the notice is given is
entitled to prefer an
to whom
that the third party decision.
under Section
19 against the
appeal information; the
second party
the applicant for
The first party is Information Officer and the
of which Public
is the publicauthority the information relates and which
to whom
third party is the person
second party.
information is available with the its
the information as confidential,
that
If the third party claims interest shall be
overweights the public
claim whether confidentiality decides that the public
Public Information Officer
examined and if the
confidentiality he should disclose
the of purpose
nierest overweighs
the information to the applicant.
the objections ofthe third party
Ihe applicant is entitled to know his clam
tor
substantiate
shall be given the opportunity to I
une of the third party. uof
ation notwithstanding the objections
the third party are entitled to an oPport
PCant as well as
hearing.
party information for
which the appli third
the third supply
the

available with the Public Information Officer, he notice.

can

a
Patyinformation only after giving the third party
 Right to nformun

which
for whic
for the
Ifthe
third party
i n f o r m a t i o n

him but
is a v a i l a b l e
applicati n is madlr
ble with some
the ther
with

is not
available

Public
Information

quire
Officer may requi
Officer mav
applicant
publy,
authority,
the
appropriate
ority rectly.
authority directly
the
approach LId. v. Gujarat State
Informati
Industries
Reliance
In ithas been observed that
203), it
203],
[AIR 2007 Guj. Sectic
Commission,

mandate to
Information Officert
Public.Information d
of the Act gives intends to disclose informati give writ
notice to third party if he on relating
third party.
t has been further observed that where information

third party and its group companies

disclosed third narg
is relating
have locus standi to prefer writ petition against would
Woul
disclosu
information.

Recently an application seeking the Income Tax

Paymem
Sonia Gandhi, Chairman of Congress Party has not been attended
s
she has not permitted the PIO to reveal her tax payments
Case Law
In Vipin Kumar Khurana v. Dy. Commissioner of Police
CICWB/A/2007/886 (CIC)],
of the RTI Act is itself
it has been observed that Section l1
does not warrant refusal of information but
only ensures that the third
for disclosure of parties are heard before a decision is taken
information in which third
In K.K. party has an interest.
Mahajan v.
AT/A/2006/14 (CIC)], it hasCantonment Executive Officer, 1CIC
automatic right to order been observed that
the Public third party has no
authority, nor to disclose Information Officer of a pubic
authonity is required to information pertainingtoto it and
and the public
evaluate
provisions of Section 8(1)j) the third party's case in pubu
of the
information asked is not and Section 11(1), and tes
barred and find
find out tnat the
out that
Even if the from disclosure.
authority is to information is barred
the examine if it from disclosure
isclosure then
tnc the publ
information
the individual sought and its
would be in thepublic interest sclos
third party. disclosure willpublic
outweign
eigh u
to o to
intereif
any
harm if any
The public
assessing the factsauthority
and
has to
arrive atat the findings by proper
should thereafter
be circumstancesstances of the finding ng ofd
passed accordinel case. A Sp
A speaking order