THE PUBLIC INFORMATION OFFICER CAN NOT DISCLOSE THIRD PARTY INFORMATION UNLESS THE PROCEDURE PRESCRIBED IN SECTION , 11 IS COMPLETED

The issue of third party has been treated as confidential as far as the RTI is concerned, and the CIC or SIC, as the case may be, shall within five days from the receipt of the request, give a written notice to the such third party of the request and of the fact that 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 CPIO or PIO, 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 CPIO or PIO, as the case may be, shall within forty days after receipt of such 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 far as the decision of GOI is concerned, it is directed to say that the Government, in a number of cases makes inter -departmental consultations. In the process, a public authority may send some confidential papers to another public authority. A question has arisen whether the recipient public authority can disclose such confidential papers under the RTI Act, 2005 . If yes, what procedure is required to be followed for doing so? Section 11 of the Act provide the procedure of disclosure of third party information. If a PIO intends to disclose an information supplied by a third party, which the third party has treated as confidential, the PIO, before taking a decision to disclose the information shall invite the third party to make submission in the matter. The third party has a right to make an appeal to the Departmental Appellate Authority against the decision of the PIO and if not satisfied with the decision of the Departmental appellate authority, a second appeal to the concerned information commission. The PIO can not disclose such information unless the procedure prescribed in section 11 is completed.