The Freedom of Information Act, 2002
11. Third party information.-
- Where a public authority intends to disclose any information
or record, or part thereof, on a 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 Public Information Officer shall, within twenty-five days
from the receipt of a request, give written notice to such third party of the
request and of the fact that the public authority intends to disclose the
information or record, or part thereof:
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.
- Where a notice is given by the Public Information Officer
under sub-section (1) to a third party in respect of any information or record
or part thereof, the third party shall, within twenty days from the date of
issuance of notice, be given the opportunity to make representation against the
proposed disclosure.
- Notwithstanding anything contained in section 7, the Public
Information Officer shall, within sixty 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.
- 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 against the decision under section 12.12.Appeals.
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