RIGHT OF THIRD PARTY UNDER RTI ACT 2005

Third party under RTI Act enjoys following rights to secure its privacy and confidentiality:

1. Third party has a right to receive notice from PIO under section 11 to file representation for not disclosing its information.

2. Third party should get copy or details of RTI application filed with PIO with the above notice.

3. Third party should be allowed 10 days time from the date of receipt of notice by third party to submit representation before PIO.

4. Third party can orally or in writing submit its representation with PIO for not disclosing information to the applicant.

5. Third party has right to treat any information pertaining to it or supplied by it as confidential, even at the time of representation, if not so treated at the time of submission of information.

6. If after submission of representation to the PIO, the PIO decides to disclose the requested information, then third party has a right to get speaking order with details of first appellate authority, before whom the third party can file first appeal against decision of PIO.

7. Third party has 30 days time to file first appeal from the date of receipt of decision of PIO to disclose.

8. Third party has a right to require PIO not to proceed with disclosure as first appeal is being filed or has been filed. Copy of first appeal should be sent to PIO simultaneously with first appellate authority.

9. Third party has a right to be given personal hearing by the first appellate authority before deciding on the appeal.

10. Third party has right to get speaking order of the first appellate authority [FAA] within 30 days of filing the appeal.

11. Third party has right to require PIO and FAA not to allow disclosure pending filing of second appeal to CIC/SIC within 90 days of receipt of decision of FAA or when the decision was due from FAA.

12. Third party has right to be heard by the CIC/SIC, before deciding the appeal.

13. Third party has right to move High Court or Supreme Court against the decision of the CIC/SIC.

14. Third party should get reasonable time for moving Courts after decision is taken by CIC/SIC and no information should be disclosed during such reasonable time, as once the information is disclosed, it cannot be reversed.

Note:

A] Following sections are pertaining to third party under RTI Act:

7 (7), 11, 19 [2], 19 [3] and 19 [4]

B] Very important judgements of High Court of Gujarat on third party information in following case:

a] SPECIAL CIVIL APPLICATION No. 16073 of 2007
With SPECIAL CIVIL APPLICATION No. 17067 of 2007

RELIANCE INDUSTRIES LIMITED – Petitioner Versus
GUJARAT STATE INFORMATION COMMISSION & 4 – Respondents

And

b]The High Court Of Gujarat By And Through B.J. Dhandha
versus State Chief Information Commissioner And Anr.
Judgement dated 3/10/2007