Section 11 - Third party information - Right to information Act, 2005

Third party information. 11. (1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to dis close 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 informa tion 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 inter est 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 informa tion or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the oppor tunity 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 state ment that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.