Section 11 of Right to Information Act:

Section 11(1)

Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose 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 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.

Section 11(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 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.

Section 11(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.

Section 11(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.

Explained:

Section 11 of the Right to Information Act, 2005 deals with the procedure for disclosing information that relates to, or has been supplied by, a third party and has been treated as confidential. The provision aims to balance the citizen’s right to information with the privacy and legitimate interests of individuals, businesses and other organisations.

What Does Section 11 of the RTI Act Mean?

When a Central or State Public Information Officer (PIO) intends to disclose confidential third-party information, Section 11 requires the officer to give written notice to the concerned third party within five days of receiving the RTI request. The third party must be invited to submit objections or representations in writing or orally.

Under Section 11(2), the third party must be given an opportunity to make a representation within ten days of receiving the notice. The PIO must consider the representation before deciding whether the information should be disclosed.

Under Section 11(3), the decision must ordinarily be made within forty days of receiving the original RTI application when this procedure applies. The third party must also be informed of the decision and their right to appeal under Section 19.

However, the third party does not have an absolute veto over disclosure. Under the proviso to Section 11(1), information may be disclosed where the public interest outweighs the possible harm to the third party, subject to the statutory exception for legally protected trade or commercial secrets. Sections 8 and 11 must be read together when considering exemptions and disclosure.

Important Judgments on Section 11

1. Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal (2019)

The Supreme Court explained that Section 11 provides procedural safeguards for third parties whose confidential information may be disclosed. It emphasised the importance of balancing transparency, privacy and public interest.

2. Girish Ramchandra Deshpande v. Central Information Commissioner (2012)

The Supreme Court considered the disclosure of personal service records and related information. The decision is relevant when assessing privacy and the exemptions applicable to personal information under the RTI Act.

3. Securities and Exchange Board of India v. Central Information Commission (2025)

The Bombay High Court discussed the mandatory third-party consultation procedure and the need to consider objections and public interest when deciding disclosure.

Section 11 therefore promotes fair decision-making by ensuring that third parties receive an opportunity to be heard before confidential information is disclosed under the RTI Act.