What is third party information?

Third Party Information under RTI Act

Under the Right to Information (RTI) Act, 2005, "third party information" refers to data or records held by a public authority that pertain to individuals, entities, or organizations other than the individual who initiated the RTI request or the public authority itself. This concept is primarily addressed in Section 11 of the RTI Act.

Definition of Third Party

According to Section 2(n) of the RTI Act, a "third party" means a person other than the citizen making a request for information and includes a public authority.

Section 11: Procedure for Disclosure of Third Party Information

1. Third Party Consultation:

   If the PIO intends to disclose any information which relates to or has been supplied by a third party and has been treated as confidential by that third party, the PIO must give a written notice to such third party within five days from the receipt of the request, inviting the third party to make a submission in writing or orally, regarding whether the information should be disclosed.

2. Time for Representation:

   The third party must be given a reasonable time (not exceeding ten days) to make a representation against the proposed disclosure.

3. Consideration of Representation:

   The PIO must consider the representation made by the third party before taking a decision on whether to disclose the information.

4. Disclosure Decision:

   If the PIO decides to disclose the information, the third party must be informed about the decision in writing, along with the reasons for the decision.

Practical Implications

The inclusion of third party information in the RTI Act ensures that the rights and interests of third parties are protected while promoting transparency and accountability. It balances the need for public access to information with the protection of sensitive information related to third parties.

Conclusion

Understanding the concept of third party information under the RTI Act is crucial for both applicants and public authorities. It ensures that the process of disclosing information is fair and considers the rights of all parties involved.

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