Consider the following statements with respect to the ‘third party inf

Consider the following statements with respect to the ‘third party information’ under the RTI Act, 2005:

  • 1. The PIO can disclose the confidential information supplied by a third party without inviting the third party to make submission in the matter.
  • 2. The third party has a right to make an appeal to the Department Appellate Authority against the decision of the PIO.
  • 3. If not satisfied with the decision of the Department Appellate Authority, a second appeal can be made to the concerned Information Commission.
  • 4. The PIO cannot disclose third party information unless the procedure prescribed in Section 11.

Which of the above statements are correct?

1, 2 and 3
2, 3 and 4
1, 2 and 4
1, 3 and 4
This question was previously asked in
UPSC Combined Section Officer – 2019-20
Statement 1 is incorrect because Section 11(1) of the RTI Act requires the PIO to give notice to the third party and invite their submission before disclosing confidential third party information. Statements 2 and 3 are correct as Section 11(3) and Section 19 establish the right of the third party to file a first appeal with the Department Appellate Authority (FAA) and a second appeal with the Information Commission against the PIO’s decision. Statement 4 is correct as Section 11 outlines the mandatory procedure for the PIO before disclosing such information. Therefore, statements 2, 3, and 4 are correct.
Section 11 of the RTI Act lays down a specific procedure for handling requests involving confidential information supplied by a third party, including mandatory notice to the third party and providing them with an opportunity to make submissions. The third party is also granted the right to appeal against the PIO’s decision to disclose the information.
The third party procedure under Section 11 balances the applicant’s right to information with the third party’s interest in protecting confidential information. The decision of the PIO regarding third party information must be made within 40 days of receiving the initial request (extending the usual 30-day limit). The third party has a right to appeal against the disclosure decision.