If a State Public Information Officer or Central Public Information Officer receives a request for information i.e. a RTI application and he comes to the conclusion that the information sought is the third party information i.e. the said information is either relates to the third party or is supplied by the third party. In all such cases, the SPIO or CPIO, as the case may be, is bound to follow Section 11 of the RTI Act, 2005.
This means, A RTI application can not be straightway rejected by the Public information officer citing that the information relates to the third party and the same can not be disclosed to any person but instead, in such a case according to the RTI Act, there is a specific procedure which must be followed.
It is the Law, that the information sought by the applicant must be provided within 30 days and the PIO may decide on its own, whether the information sought is to be provided or not. But, If the information sought is related to some third party, The PIO is bound to give notice the said third party in accordance with the section 11 of the Act.
Procedure to be Followed: In case of Third party information, PIO gives written notice to the said third party within five days from the receipt of the request for information, stating in the said written notice that he intends to disclose the information or record, or part thereof, and the third party is invited to make a submission in writing or orally.
The PIO must also mention in the said written notice that, whether the information sought should be supplied or the third party has any objections regarding the same and while deciding the RTI application, such submission is taken in consideration, to decide whether the PIO should provide the information sought or not.
when the notice is given to the third party, 10 days time is given (from the date of receipt of such notice) to the third party to file the representation before the SPIO or CPIO. It is mandatory that a reasonable opportunity must be given to the third party before the information is supplied.
After receiving the oral or written submission from the third party, the SPIO or CPIO within forty days after receipt of the request under section 6, must give another written notice about the decision taken by him in this respect. i.e. whether the information sought will be disclosed or not.
If the third party objects to the disclosure of the information sought, but the SPIO or CPIO decides to furnish the said Third party information to the applicant in such cases, the Third party has a right to file appeal before the appropriate authority.
It must be specifically mentioned by the Public information officer in the said second notice that, the Third party has a right to file appeal against the decision in accordance with the section 11(4) of the Act.
Conclusion: Therefore, after deciding the application of the applicant and the objections by the third party, the public information officer decides on merits to provide the information sought to the applicant or rejects his RTI application.
The PIO must also mention in the said written notice that, whether the information sought should be supplied or the third party has any objections regarding the same and while deciding the RTI application, such submission is taken in consideration, to decide whether the PIO should provide the information sought or not.
when the notice is given to the third party, 10 days time is given (from the date of receipt of such notice) to the third party to file the representation before the SPIO or CPIO. It is mandatory that a reasonable opportunity must be given to the third party before the information is supplied.
After receiving the oral or written submission from the third party, the SPIO or CPIO within forty days after receipt of the request under section 6, must give another written notice about the decision taken by him in this respect. i.e. whether the information sought will be disclosed or not.
If the third party objects to the disclosure of the information sought, but the SPIO or CPIO decides to furnish the said Third party information to the applicant in such cases, the Third party has a right to file appeal before the appropriate authority.
It must be specifically mentioned by the Public information officer in the said second notice that, the Third party has a right to file appeal against the decision in accordance with the section 11(4) of the Act.
Conclusion: Therefore, after deciding the application of the applicant and the objections by the third party, the public information officer decides on merits to provide the information sought to the applicant or rejects his RTI application.
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