Section 11 – THE RIGHT TO INFORMATION ACT, 2005
Third party information —(1) Where a Central Public Information Officer or a State PublicInformation Officer, as the case may be, intends to disclose any information or record, or part thereof on a9request made under this Act, which relates to or has been supplied by a third party and has been treated asconfidential by that third party, the Central Public Information Officer or State Public InformationOfficer, as the case may be, shall, within five days from the receipt of the request, give a written notice tosuch third party of the request and of the fact that the Central Public Information Officer or State PublicInformation Officer, as the case may be, intends to disclose the information or record, or part thereof, andinvite the third party to make a submission in writing or orally, regarding whether the information shouldbe disclosed, and such submission of the third party shall be kept in view while taking a decision aboutdisclosure of information:Provided that except in the case of trade or commercial secrets protected by law, disclosure may beallowed if the public interest in disclosure outweighs in importance any possible harm or injury to theinterests of such third party.(2) Where a notice is served by the Central Public Information Officer or State Public InformationOfficer, as the case may be, tinder sub-section (1) to a third party in respect of any information or recordor part thereof, the third party shall, within ten days from the date of receipt of such notice, be given theopportunity to make representation against the proposed disclosure.(3) Notwithstanding anything contained in section 7, the Central Public Information Officer or StatePublic Information Officer, as the case may be, shall, within forty days after receipt of the request undersection 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 inwriting the notice of his decision to the third party.(4) A notice given under sub-section (3) shall include a statement that the third party to whom thenotice is given is entitled to prefer an appeal under section 19 against the decision. 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