If you are interested in RTI in any way, you may be a RTI Activist or a general seeker of some information from some Public office in India, you must have heard about Third Party Information. It is because many a times, people's RTI applications are rejected on the basis of the same being the "Third Party Information"
If your RTI application for information has been rejected and the Public Information Officer (PIO) has declined to provide the necessary information to you, citing the reason that, Information sought for is the Third Party Information. You must read this article and get to know about the same i.e. what is Third Party Information and from where it came.
What is Third Party Information: Generally speaking, Third party information is that information which is related to some person other than the applicant i.e. the third party. Make sure that, If the information sought is related to you and nobody else. Your RTI application can not be rejected on the basis of it being Third Party Information.
[Read: What to do if your RTI Application is declined on Third Party Information]
[Read: What to do if your RTI Application is declined on Third Party Information]
Who is the Third Party - Its Definition: Section 2 of the RTI act provides the definitions of all important and relevant terms. According to the Section 2 (n) of The Right To Information Act, 2005 the third party means a person other than the citizen making a request for information and includes a public authority.
Provisions related to the Third Party Information: Section 11 of the RTI Act, 2005 deals with the third party information. It provides all the relevant provisions that are every individual must understand. You may be the RTI applicant or you may be the third party i.e. information sought by the RTI applicant is related to you.
[Read: Procedure Followed by PIO in case of Third Party Information]
Section 11 talks about giving notice to the third party and within which time the Third party can give reply to that notice and appeal that third party can file. Let's have a look at the section 11 of the Act.
[Read: Procedure Followed by PIO in case of Third Party Information]
Section 11 talks about giving notice to the third party and within which time the Third party can give reply to that notice and appeal that third party can file. Let's have a look at the section 11 of the Act.
11. Third party information .(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made 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 Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a 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 or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be 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 disclosure outweighs in importance any possible harm or injury to the interests of such third party.
(2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.
(4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.
As we can see Section 11 gives all the relevant details and prescribes a procedure that is followed in the case of "Third Party Information". There are ample options within the act. You may be the seeker or may be the Third Party. RTI Act, 2005 maintains a perfect balance and the welfare of every party concerned is taken into consideration.
This provision is specifically added in the act with the view that some dishonest seeker of information may not misuse any personal information related to a person/Third Party. Every Indian has a Fundamental right to privacy, this is also taken into consideration while deciding an application that is related to the "Third Party Information".
On the other hand, if the application for Information is made in public interest as a whole or the information though may be a third party information, if the same is already in public domain, the same is disclosed to the applicant.
Another important provision related to the "Third Party Information" is the Section 7(7) of Right to information Act, 2005. If you are the Third Party, i.e. the information connected to you is sought to be disclosed by some person. What you are supposed to do in such a case?
Section 7(7) of the RTI Act provides that before the SPIO or CPIO decides the RTI application and decides to furnish information to the applicant, he must take into consideration the representation made by a third party under section 11.
This provision is specifically added in the act with the view that some dishonest seeker of information may not misuse any personal information related to a person/Third Party. Every Indian has a Fundamental right to privacy, this is also taken into consideration while deciding an application that is related to the "Third Party Information".
On the other hand, if the application for Information is made in public interest as a whole or the information though may be a third party information, if the same is already in public domain, the same is disclosed to the applicant.
Another important provision related to the "Third Party Information" is the Section 7(7) of Right to information Act, 2005. If you are the Third Party, i.e. the information connected to you is sought to be disclosed by some person. What you are supposed to do in such a case?
Section 7(7) of the RTI Act provides that before the SPIO or CPIO decides the RTI application and decides to furnish information to the applicant, he must take into consideration the representation made by a third party under section 11.
Section 7 (7) of RTI Act, 2005 - Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11.
If we see, Legislature in its wisdom has used "Shall" in the Section 7(7) of the Act, It makes it mandatory and casts the duty on the PIO. The use of Shall makes it clear that, there is no discretion available to the PIO, whether the SPIO or CPIO, as the case may be, and he must consider the representation made by the third party under Section 11.
[Read more: What you can do if you are the Third Party]
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