APPLYING THE LAW

What If A Third Party Is Involved?

Usually, requesters will make applications to access documents created by the government which relate only to government actions. In these cases, there are only two parties involved in the request process - the requester and the government. However, sometimes, requesters will ask for information which also affects a third party. For example: a requester may want a copy of a contract entered into between the government and a private company; or a requester may want information about a public servant's transfer; or a requester may want to look at their neighbour's application for a building permit. Under RTI legislation, these other parties are called "third parties".

Many third parties will want information about them which is held by the government to be protected. They might argue that they have a right to privacy or that disclosure would harm their commercial interests. Although there may be some merit in these arguments, you will need to carefully consider any request from a third party to keep their information confidential, because a right to information law places an overriding duty on you to release information and you can only withhold information if it is specifically covered by an exemption clause.

A refusal of a third party to consent to disclosure does not, in the absence of anything else, mean that information should be withheld. Even if a third party claims confidentiality, you cannot withhold information unless an exemption applies. Notably, YOU will be the final arbiter in the case. A third party cannot tell you how you should handle the information.

Only the Central Act and the Jammu & Kashmir Act include provisions specifically requiring third party consultation.