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Third-party verification under the RTI Act, 2005, governed by Section 11, requires Public Information Officers (PIOs) to notify the third party within 5 days of receiving a request for their information. The third party has the right to submit objections, and if they oppose disclosure, the PIO must carefully consider it against public interest before deciding, generally protecting personal privacy under Section 8(1)

In the context of the Right to Information (RTI) Act, 2005, "third party verification" typically refers to the legal procedure required when an applicant seeks information that belongs to or was supplied by someone else

Who is a "Third Party"?

  • Definition: Anyone other than the applicant and the public authority receiving the request is a third party. This includes personal files of employees, private details of citizens, or confidential commercial information of companies.

Procedure (Section 11): When requested, the PIO must issue a notice to the third party within 5 days of receiving the request.

Exemptions: Personal information that constitutes an "unwarranted invasion of privacy" is often exempt under Section 8(1)(j), even if the third party procedure is followed

  • Disclosure can occur even if a third party objects if the "larger public interest" outweighs potential harm.
  • Purely personal information unrelated to public activity is generally exempt under Section 8(1)(j).
  • Third parties do not have an absolute right to prevent disclosure; the PIO makes the final decision based on the law

Third-party verification is often used for educational degrees. The Central Information Commission (CIC) has ruled that basic degree details are generally considered public information for verification purposes once a student passes an exam

If the PIO decides to disclose information over objections, the third party can appeal to the First Appellate Authority and subsequently the Information Commission

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