A public authority refuses to disclose information on the ground that it relates to the COMMERCIAL CONFIDENCE of a third party (Section 8(1)(d)). The citizen resists, arguing a larger PUBLIC INTEREST. Under the RTI Act, 2005 and its interpretation:

Section 8(1)(d) exempts information including commercial confidence, trade secrets or intellectual property, the disclosure of which would HARM the competitive position of a third party. The exemption is not absolute: the information may be disclosed where the larger PUBLIC INTEREST lends greater weight to disclosure, and in any event the harm-based test applies (the authority must show disclosure would harm the protected interest). Courts read the exemptions subject to the overriding public interest favouring transparency. A bare, unsubstantiated claim of commercial confidence is insufficient. The balancing of commercial confidentiality against public interest is the core of Section 8(1)(d) jurisprudence.