Understanding the Rules for Requesting ‘Third-Party Information’ Under the RTI Act

The Right to Information Act, 2005 (RTI Act, 2005) grants every Indian citizen the right to seek information from government departments. However, when it comes to information related to a ‘third party’ (any third individual or organisation), the rules become distinct and specific. This is referred to as ‘Third-Party Information’. Often, people face difficulty understanding how to request such information and the procedure involved. In this article, we will explain the rules for requesting Third-Party Information under the RTI Act in simple language.

Who is a ‘Third Party’ in RTI? (Section 2(n))

Section 2(n) of the RTI Act clarifies the definition of a ‘Third Party’. According to this section, a ‘Third Party’ refers to any person or organisation other than the applicant and the Public Authority. For instance, if you request information related to a government officer’s promotion, transfer, or assets, that officer would be considered a ‘Third Party’. Similarly, if you seek information about a company that has entered into a deal with the government, that company will be deemed a ‘Third Party’.

Procedure and Essential Rules for Requesting Third-Party Information

When third-party related information is sought through an RTI application, the Public Information Officer (PIO) or Assistant Public Information Officer (APIO) must follow a special procedure under Section 11:

1. 1. Initial Scrutiny by the CPIO/SPIO

   When an RTI application requesting third-party information is received, the CPIO/SPIO (Central/State Public Information Officer) must first assess whether the disclosure of this information could harm the interests of the third party. If the information appears sensitive or related to the third party’s interests, the subsequent procedure is initiated.

2. 2. Notice to the Third Party

   Within 5 days of receiving your RTI application, the CPIO/SPIO is mandated to send a written notice to the third party whose information has been sought. This notice must specify what information the applicant has requested and state the Public Authority’s intention to release that information. The third party is given 10 days to submit their objections.

   Did you know? This notice also states that the third party can submit their objections in writing or orally in support of their stance.

3. 3. Third Party’s Response and Consideration

   The third party must register their objections within 10 days of receiving the notice. The CPIO/SPIO carefully considers the objections raised by the third party. They must assess whether the third party’s interests are significant enough to warrant withholding the information from public disclosure.

4. 4. Final Decision on Disclosure or Withholding of Information

   After considering the third party’s response, the CPIO/SPIO makes the final decision to disclose or withhold the information. This decision must be made within 40 days of receiving the RTI application (the usual 30 days + 10 days for third-party notice and response). The CPIO/SPIO must communicate their decision to both the applicant and the third party.

5. 5. Right to Appeal

   If the CPIO/SPIO decides to disclose the information, the third party has the right to appeal against this decision to the First Appellate Authority within 30 days. Similarly, if the applicant does not receive the information or is not satisfied with partial information, they can also file a first appeal.

6. 6. Disclosure of Information

   If the decision is made to disclose the information, and the third party does not appeal or their appeal is rejected, the information is usually provided to the applicant after the expiry of the first appeal period (30 days) or after the appeal is dismissed.

When Can Third-Party Information Be Disclosed, and When Can It Not?

Information can be disclosed if:

• The Public Information Officer or the Appellate Authority believes that the public interest in the requested information outweighs the private interests of the third party. This often applies to cases involving corruption, major scams, or transparency in government functioning.

Information cannot be disclosed if:

• The information constitutes commercial confidence, intellectual property, or confidential information of a third party, the disclosure of which could harm their competitive position, and there is no larger public interest in its disclosure.
• It is personal information, the disclosure of which would cause an unwarranted invasion of an individual’s privacy, unless there is a larger public interest involved.
• Other exemptions mentioned in Section 8 of the RTI Act also apply here, such as national security, foreign relations, etc. You can learn more about this in the article Section 8 of the RTI Act: Information You Cannot Request (and Why!).

Important Points and Precautions

• No Need to State Reasons: An RTI applicant is not required to state the reasons for requesting information (Section 6(2)). However, the CPIO/SPIO may consider the circumstances while evaluating the public interest.
• Choosing the Right CPIO: Ensure that you send your application to the correct Public Information Officer who possesses or should possess the desired information.
• Recourse to Appeal: If you believe your application for third-party information has been wrongly rejected, you always have the right to file a first and second appeal. Avoid common mistakes made while drafting an RTI application to ensure your application remains strong.

Conclusion

Obtaining third-party information under the RTI Act can be a slightly complex process, but it is not impossible. By understanding the rules and procedures, you can effectively utilise this right. Remember, your right is to promote transparency and accountability, not to cause an unwarranted invasion of someone’s private information.

If you need assistance in drafting an RTI application, you can prepare your application for free at rtisupport.in.

Regards,

Team RTI Support India

A Medium for Citizen Empowerment and Transparency