THIRD PARTY INFORMATION UNDER THE RIGHT TO INFORMATION ACT, 2005: A CRITICAL ANALYSIS OF TRANSPARENCY, PRIVACY AND PUBLIC INTEREST IN INDIA

AUTHOR – DR. SUMER RIZWAN SHAIKH

ASSISTANT PROFESSOR, M.C.E. SOCIETY’S A.K.K. NEW LAW ACADEMY, AZAM CAMPUS, CAMP, PUNE-411001 (MAHARASHTRA)

BEST CITATION – DR. SUMER RIZWAN SHAIKH, THIRD PARTY INFORMATION UNDER THE RIGHT TO INFORMATION ACT, 2005: A CRITICAL ANALYSIS OF TRANSPARENCY, PRIVACY AND PUBLIC INTEREST IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 616-538, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/OJGD2449

Abstract

The Right to Information Act, 2005 represents one of the most transformative legislative measures aimed at promoting transparency and accountability in governance in India. While the Act facilitates citizens’ access to information held by public authorities, it also recognizes limitations where disclosure may affect the privacy or commercial interests of third parties. Section 11 of the Act specifically deals with “third party information,” providing a procedural framework for disclosure when requested information relates to or has been supplied by a third party and treated as confidential.

This research article critically analyses the legal framework governing third party information under the RTI Act. It examines the statutory provisions, judicial interpretations, and administrative practices associated with Section 11 and related exemptions under Section 8 of the Act. The study also evaluates the tension between the fundamental right to information and the right to privacy under Article 21 of the Constitution of India.

Through an analysis of landmark judgments delivered by the Supreme Court, High Courts, and the Central Information Commission, the article explores how courts have balanced transparency with protection of personal and commercial information. The research further highlights challenges such as misuse of RTI requests, arbitrary denial of information by public authorities, and procedural delays in third-party consultations.

The study concludes that while the RTI Act aims to empower citizens, effective safeguards are necessary to ensure that the disclosure of third-party information does not violate legitimate privacy interests. The article proposes legal and institutional reforms to strengthen the implementation of Section 11 while maintaining the core objectives of transparency and accountability.

Keywords – Right to Information Act, Third Party Information, Transparency, Privacy Rights, Public Interest, Section 11 RTI Act, Information Commission, Administrative Law.