The Right to Information (RTI) Act, 2005 is a powerful tool for Indian citizens to seek accountability from government bodies.
But what if your concern involves a private company—say, a mobile network operator, a private hospital, or even your employer? Can you file an RTI against them?
The short answer: No, not directly. The RTI Act was designed to ensure transparency in “public authorities”, as defined in Section 2(h) of the RTI Act, 2005.
This section clearly limits the scope of the Act to government departments, bodies established or owned by the government, and organizations substantially funded by public money.
Private companies, which are neither owned nor controlled by the government, do not fall within this definition.
However, there is a catch—and that’s where things get interesting.
While you can’t file an RTI to a private company, you can access certain information about a private company if that information is held by a public authority.
This is possible under Section 2(f), which defines “information” as any material in any form held by or under the control of a public authority.
Let’s say you want to know whether a private hospital has the required licenses or if a private school is following the government’s fee guidelines.
That data might be available with the Health Department or Education Department—both of which are public authorities. In such cases, you can file an RTI with the relevant department to access records they hold about the private entity.
Another common example is corporate environmental compliance. Suppose a private mining company is operating in your district, and you’re concerned about its impact.
You cannot directly ask the company for its pollution data under RTI. But you can request those details from the Pollution Control Board or Ministry of Environment, as these bodies receive regular compliance reports from such companies.
Here’s a simple table to illustrate:
| Scenario | Can You File RTI to Private Company? | Alternative Route |
|---|---|---|
| Private telecom billing dispute | No | File consumer complaint or use grievance cell |
| Private school fee hike | No | RTI to Education Department |
| Environmental clearance of a private project | No | RTI to Pollution Control Board or MoEF |
| Land records sold to private builder | No | RTI to Local Revenue Department |
Don’t know how to structure your appeal? Read our detailed blog on How to File a First Appeal Under RTI Act – with sample formats and submission tips.
So, while the RTI route is indirect in such cases, it’s still effective when you aim it at the regulating authority rather than the private player itself.
You now know that you can’t file an RTI directly to a private company. But you can get information about private companies from regulatory authorities, if that information is part of official records.
This is supported by Section 2(f) of the RTI Act, 2005, which includes “information relating to any private body which can be accessed by a public authority under any other law.” In short, if the government body has it—or can legally get it—you can ask for it.
Let’s walk through some real-world examples and how to file such RTIs effectively.
1. Private Hospitals or Schools
Want to check whether a hospital is registered or a school is violating fee norms? File an RTI to the State Health Department or Education Department, asking:
“Please provide a copy of the registration/license details and inspection records of XYZ Hospital/School in [District], including any complaints filed since 2023.”
2. Environmental Violations by Private Projects
You can’t file to the company, but the State Pollution Control Board or MoEFCC may have submitted Environmental Impact Assessments (EIAs), consent letters, or inspection reports.
“Please provide copies of compliance reports submitted by [Company Name] related to its plant at [location], including latest inspection findings and any showcause notices issued.”
3. Corporate Funding and NGO Involvement
If a company claims CSR support to a government project, you can file an RTI to the concerned ministry.
“Please provide details of CSR funds received by [Government School/Body] from [Company] during the financial year 2023–24, and copies of relevant MoUs.”
4. Land Allotment or Construction Clearances
Land and housing departments often keep records of how plots were allocated to private developers.
“Please share documents related to land allotment to [Builder Name] for [Project Name] in [Location], including map approvals and payment status.”
Just be clear, specific, and always aim the RTI at the public office that likely holds the data.
If you’re not sure whether RTI is the right tool for your situation, explore our post on RTI vs Grievance Portal – Which One Should You Use?
FAQs
1. Can I ask a public authority to collect info from a private company?
No. The authority must already hold or legally control the info.
2. Can I get salary details of private employees via RTI?
Not unless the company is government-funded and the info serves public interest.
3. What if the authority says they don’t hold the info?
You can file a First Appeal if you believe they should have it.
4. Can I get contract details of private vendors working for govt?
Yes, if the contract was signed with a public body.
5. Is RTI better than emailing the company?
RTI is legally enforceable. An email to a company is not.
