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Sunday, April 7

Provision related to disclosure of third party information under RTI Act, 2005


Where information is sought in respect of the information or record, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the authority, within five days from the receipt of the request,

(i) to give a written notice to such third party of intention to disclose the information or record and inviting the third party to make a submission in writing or orally, regarding whether the information should be disclosed,

(ii) third party may make such submission within ten days of receipt of such notice,

(iii) The authority shall, within forty days after the receipt of request under section 6, if the third party has given an opportunity to make representation, 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. Such notice to third party shall include a statement that the third party is entitled to prefer an appeal under section 19 against the decision.

The submission of the third party to be kept in view while taking a decision about disclosure of information.

Disclosure may be allowed if public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party, except in the case of trade or commercial secrets protected by law.