Interpreting section 11 of the Right to Information (RTI) Act, 2005, a division bench of Delhi High Court recently held that confidential information regarding a third party cannot be divulged by a public authority “without notice or without hearing the third party’s point of view”. Doing this “serves a salutary purpose and ensures that there is a fair and just decision”.
Section 11 deals with third party information that has been treated as confidential by that third party.
Ruling in Arvind Kejriwal v Central Public Information Officer & Ors, the court held that information should be released under the RTI Act only after examining “whether the information can be treated and regarded as being of a confidential nature, if it relates to a third party or has been furnished by a third party”.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
