AI Overview...
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Third Party Information Cannot Be Disclosed Without Proper Authorization - Under the RTI Act, information pertaining to third parties is generally protected to prevent invasion of privacy. Disclosure is permissible only if the third party consents or if the information falls outside the scope of exemptions. Courts have consistently held that once third-party information is shared with the requester, it no longer remains private and cannot be further disclosed without due process. Key provisions involved include Sections 8(1)(j) and 11 of the RTI Act, which govern third-party privacy and the procedure for disclosure (e.g., Brahmaputra Carbon Limited VS Central Information Commissioner-Cum-2nd Appellate Authority A Body Constituted Under The Right To Information Act 2005 Room No. 308 2nd Floor August Kranti Bhawan Bhikaji Cama Place New Delhi - Gauhati, Guwahati Carbon Limited VS Central Information Commissioner-Cum-2nd Appellate Authority, A Body Constituted Under The Right To Information Act, 2005, Room No. 308, 2nd Floor, August Kranti Bhawan, Dhikaji Cama Place, New Delhi - Gauhati, Chhattisgarh Public Service Commission Through The Public Information Officer VS Chhattisgarh State Information Commission - Chhattisgarh, Chhattisgarh Public Service Commission Through The Public Information Officer VS Chhattisgarh State Information Commission - Chhattisgarh).
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Section 11 of the RTI Act governs the process of seeking third-party opinion before disclosure. If the public authority intends to disclose third-party information, it must give notice to the third party and consider their objections. Without such notice or if the third party does not consent, the information cannot be disclosed (e.g., Brahmaputra Carbon Limited VS Central Information Commissioner-Cum-2nd Appellate Authority A Body Constituted Under The Right To Information Act 2005 Room No. 308 2nd Floor August Kranti Bhawan Bhikaji Cama Place New Delhi - Gauhati, Guwahati Carbon Limited VS Central Information Commissioner-Cum-2nd Appellate Authority, A Body Constituted Under The Right To Information Act, 2005, Room No. 308, 2nd Floor, August Kranti Bhawan, Dhikaji Cama Place, New Delhi - Gauhati, ASIAN EDUCATION CHARITABLE SOCIETY VS STATE OF UTTARAKHAND - Uttarakhand).
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Exemptions Under Sections 8(1)(j) and 8(1)(d) - Personal and confidential information of third parties is exempt from disclosure unless overriding public interest is established. Courts have upheld that disclosures under these exemptions require careful consideration and are not automatic (e.g., Hasnain vs CPIO: Prathama UP Gramin Bank, Gonda, UP - Central Information Commission, Sumesh Swani vs Union Public Service Commission - Central Information Commission, Mr. Kartikiswar Mahanta vs CPIO, Steel Authority of India Ltd, Rourkela Steel Plant, Rourkela - Central Information Commission).
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Legal Precedents Reinforce Privacy Protections - Supreme Court and High Court judgments emphasize that revealing third-party information without consent violates privacy rights and the provisions of the RTI Act. Once information is shared with the requester, it may lose its confidential status, but prior to disclosure, the third party's privacy rights are protected unless specific exceptions apply (e.g., Chhattisgarh Public Service Commission Through The Public Information Officer VS Chhattisgarh State Information Commission - Chhattisgarh, Chhattisgarh Public Service Commission Through The Public Information Officer VS Chhattisgarh State Information Commission - Chhattisgarh, Chhattisgarh Public Service Commission Through The Public Information Officer VS Chhattisgarh State Information Commission - Chhattisgarh).
Analysis and Conclusion:
The prevailing legal position, supported by judicial decisions, is that third-party information under the RTI Act cannot be disclosed without adhering to procedural safeguards, including notice and consent, and unless exemptions are justified. The Act emphasizes safeguarding privacy rights, making it clear that third-party information cannot be freely given to requesters under RTI, aligning with the query that Third Party Information cannot be given under RTI without proper authorization and due process.
Search Results for "Third Party Information can Not be Given under Rti"
2023 0 Supreme(Gau) 851 • India - Gauhati
DEVASHIS BARUAH
had to be given to third party when an appeal is preferred relating to information of third party - Submission though at first blush ... of Section 11 of RTI Act - Court does not find any merit in instant writ petition. ... sought for under Clause 1 (g) of application would not come within ambit of Section 11 of Right to Information Act, 2005 - Petitioners ... party when an appeal is preferred rel....
2023 0 Supreme(Gau) 852 • India - Gauhati
DEVASHIS BARUAH
had to be given to third party when an appeal is preferred relating to information of third party - Submission though at first blush ... of Section 11 of RTI Act - Court does not find any merit in instant writ petition. ... sought for under Clause 1 (g) of application would not come within ambit of Section 11 of Right to Information Act, 2005 - Petitioners ... party when an appeal is preferred rel....
2025 Supreme(Online)(CIC) 2409 • India - Central Information Commission
Anandi Ramalingam, IC
Section 8 (1)(j) of the RTI Act, which pertains to third-party personal information, to be justified. Accordingly, since no infirmity is found in the response furnished by the respondent that warrants further intervention, the appeal is dismissed. ... However, Ranjit Singh, who signed and filed the RTI application, failed to produce any authority letter authorizing him to seek information regarding the said account. In this context, the Commission finds the denial of informat....
2010 0 Supreme(UK) 23 • India - Uttarakhand
SUDHANSHU DHULIA
the present case, the petitioners would fall under the term "third party", as defined u/s 2(h) of the Act — If the required information ... had already been given by the third party to the public authority — Provisions of Sec. 11 of the Act would apply, but if the required ... information is not furnished to the public authority and the information is not on the record of the public authority — The petitioners ... ....
2018 Supreme(Online)(KER) 8025 • India - High Court of Kerala
ALEXANDER THOMAS, J
RTI - Disclosure - Right to Information Act 2005 - Section 8(1)(j) - The court analyzed provisions regarding third-party information ... Fact of the Case: The petitioner sought disclosure of third-party information under the Right to Information Act, which ... and concluded that the exemption claimed was not applicable given the circumstances, influencing the final decision. ... to Information A....
2025 Supreme(Online)(CIC) 3942 • India - Central Information Commission
Anandi Ramalingam, IC
CPIO denied access citing exemptions under sections pertaining to fiduciary capacity and third-party information - Absent appellant ... ... ... Issues: The key issue was whether the information sought could be disclosed given the exemptions claimed by the CPIO under ... related to third-party comments, remaining within the exemptions of the RTI Act, and that prior decisions favored the withholding ... The respondent while defending their case inter....
2021 Supreme(Online)(CIC) 5407 • India - Central Information Commission
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Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Steel Authority of India Ltd, Rourkela seeking following information:- “Xerox Copy of the Bills submitted by ‘TYAZHPROMEXPORT’ Russia, Moscow, whether payment has been ... In order to test the applicability of Section 8 (1)(d) of the Act it is necessary to first and foremost determine the nature of information and if the nature of information is confidential information re....
2018 0 Supreme(Chh) 329 • India - Chhattisgarh
PRASHANT KUMAR MISHRA
Officer, AIR 2010 Delhi 216 holding that once information seeker is provided information relating to a third party, it no longer ... eventually concluded that information relating to a third party cannot be provided as it would amount to invasion of privacy of ... information procedure outlined under Section 11 (1) of Act, 2005 (henceforth RTI Act) cannot be dispensed with - Held, Supreme Court ... Clearly, information#HL_....
2018 0 Supreme(Chh) 345 • India - Chhattisgarh
PRASHANT KUMAR MISHRA
Right to Information Act, 2005 - Section 11(1) - Information relating to a third party - Annual Confidential ... eventually concluded that information relating to a third party cannot be provided as it would amount to invasion of privacy of ... parties, whose ACRs have been considered by DPC, agree and accord consent for supplying information, information may be supplied ... Clearly, information relating to a #HL_S....
2018 0 Supreme(Chh) 319 • India - Chhattisgarh
PRASHANT KUMAR MISHRA
Officer, AIR 2010 Delhi 216 holding that once information seeker is provided information relating to a third party, it no longer ... remains in private domain - Held, Supreme Court eventually concluded that information relating to a third party cannot be provided ... parties, whose ACRs have been considered by DPC, agree and accord consent for supplying information, information may be supplied ... Clearly, information#HL_E....
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