Section 11 – THE RIGHT TO INFORMATION ACT, 2005

—(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
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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.
(2) Where a notice is served by the Central Public Information Officer or State Public Information
Officer, as the case may be, tinder 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.
(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 statement that the third party to whom the
notice is given is entitled to prefer an appeal under section 19 against the decision.