๐ฆ๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐ฐ๐ฐ(๐ฏ) of the Digital Personal Data Protection (DPDP) Act has been at the center of intense debate, raising alarms about its potential to infringe upon Right to Information( RTI) Act, 2005.
This section seeks to amend the Section 8(1)(j) of RTI Act.
1) ๐ช๐ต๐ฎ๐ ๐ถ๐ ๐๐ต๐ฒ ๐๐ผ๐ป๐๐ฟ๐ผ๐๐ฒ๐ฟ๐๐ ๐ฎ๐ฟ๐ผ๐๐ป๐ฑ ๐ฏ๐ผ๐๐ต ๐๐ต๐ฒ ๐๐ฒ๐ฐ๐๐ถ๐ผ๐ป๐?
โก๏ธ Section 44(3) of DPDP Act says notwithstanding anything in the Act no ๐ฝ๐ฒ๐ฟ๐๐ผ๐ป๐ฎ๐น ๐ถ๐ป๐ณ๐ผ๐ฟ๐บ๐ฎ๐๐ถ๐ผ๐ป can be given.
โก๏ธ Under 8(1)(j) RTI Act, personal information can be denied only when -
1) It had no relationship to any public activity or public interest
2) Cause unwanted invasion of privacy
3) If it cannot be denied to Parliament, it should not be denied to anyone.
โก๏ธ Section 44(3) does away with all these exceptions in RTI Act and imposes a blanket ban on Personal Information.
2) ๐๐ฟ๐ด๐๐บ๐ฒ๐ป๐ ๐ฏ๐ ๐ก๐ฎ๐๐ถ๐ผ๐ป๐ฎ๐น ๐๐ฎ๐บ๐ฝ๐ฎ๐ถ๐ด๐ป ๐ณ๐ผ๐ฟ ๐ฃ๐ฒ๐ผ๐ฝ๐น๐ฒ๐โ ๐ฅ๐ถ๐ด๐ต๐ ๐๐ผ ๐๐ป๐ณ๐ผ๐ฟ๐บ๐ฎ๐๐ถ๐ผ๐ป ๐ฎ๐ป๐ฑ ๐ข๐ฝ๐ฝ๐ผ๐๐ถ๐๐ถ๐ผ๐ป ๐ฃ๐ฎ๐ฟ๐๐ถ๐ฒ๐
โก๏ธ More than 30 Civil Organisations are seeking rollback of this provision.
โก๏ธ It destroys Press freedom and citizens' Right to Information.
โก๏ธ They argue that Amendment made to the RTI Act will place impediments and restrictions on public disclosures.
โก๏ธ Legal framework for privacy and data protection should complement and not dilute RTI Act.
โก๏ธ It will restrict access to electoral rolls data, data on rations, pensions, scholarships, Government Contractors.
3) ๐๐ผ๐๐ฒ๐ฟ๐ป๐บ๐ฒ๐ป๐ ๐ฆ๐๐ฎ๐ป๐ฐ๐ฒ ๐ผ๐ป ๐๐ต๐ถ๐ ๐ฒ๐ป๐๐ถ๐ฟ๐ฒ ๐๐ถ๐๐๐ฎ๐๐ถ๐ผ๐ป
โก๏ธ Union Minister Ashwini Vaishnaw says that the DPDP Act is in harmony with the Principles of Transparency and Privacy.
โก๏ธ He said that personal information subject to disclosure under legal obligations such as MGNREGA, will continue to be disclosed.
โก๏ธ Govt says it strengthen the privacy rights of individuals and prevent potential misuse of the law.
4) ๐ช๐ฎ๐ ๐๐ต๐ฒ๐ฎ๐ฑ ๐ฎ๐ป๐ฑ ๐๐ต๐ ๐๐ต๐ถ๐ ๐๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐ถ๐ ๐๐ผ ๐ถ๐บ๐ฝ๐ผ๐ฟ๐๐ฎ๐ป๐
โก๏ธ Since the DPDP Act has already been passed, the only way to safeguard is -
1) Amend Section 44(3) to include a Public Interest exception
2) Repeal the provision altogether
โก๏ธ A lot of personal information about Public Servants is published just because it is in public interest, but this clause could affect Right To Know.
โก๏ธ Citizensโ ability to access information is central to building trust in democratic institutions but this ban will erode that trust.
โก๏ธ Allowing a blanket override clause could set a dangerous legislative precedent.
People had high hopes from the DPDP Act as a landmark step toward data rights. Letโs hope the government lives up to that promise by protecting privacy without compromising the citizenโs right to know.