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Data Act diluting RTI?
Context
The Digital Personal Data Protection Act, 2023, meant to protect personal data, has led to concerns that it weakens the RTI Act, especially provisions that allow public access to personal data of officials if it is in public interest.
What are the concerns pertaining to the Act?
Key Technical Concerns:
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- Section 44(3) of the DPDP Act amends Section 8(1)(j) of the RTI Act.
- Earlier, personal information of public officials could be disclosed under RTI if:
- It related to public activity, or
- There was a larger public interest.
- Now, both these conditions have been removed. The new clause simply states:
“Information which relates to personal information” – making it broadly exempt from RTI.
This change is seen as a blanket ban on personal data disclosure, even if it relates to government corruption, public works, or misuse of funds.
- The amendment shields public officials and reduces accountability. It may hinder investigative journalism and citizen-led scrutiny.
- The Data Act looks like a conflict between two fundamental rights, that is, the right to information, part of Article 19 (1) and Article 21 of the Constitution of India, protection of life and personal liberty.
What does the government say?
- Union IT Minister Ashwini Vaishnaw defends the Act, saying:
- It balances privacy and transparency.
- Any personal data that must be made public under existing laws (e.g., MGNREGA details) will still be available.
- The Act respects the Supreme Court’s Puttaswamy judgment (2017) which made privacy a part of Right to Life (Article 21).
- He cited Section 3(c)(ii)(B) of the DPDP Act, which exempts data from the law if it is already required to be publicly disclosed by other laws.
Fact Box: RTI Act
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