RTI to RDI: A Regression

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Context:

The Digital Personal Data Protection (DPDP) Act has amended Section 8(1)(j) of the RTI Act, diluting the scope of information disclosure and raising concerns over transparency and accountability.

Legal and Constitutional Dimensions

Foundational Principle: The RTI Act is based on the idea that government information belongs to citizens, with exemptions narrowly defined under Article 19(2).
Section 8(1)(j) Provision: Originally, personal information could be denied only if unrelated to public activity or an invasion of privacy, unless larger public interest justified disclosure.
DPDP Amendment: The amendment shortens Section 8(1)(j) drastically, expanding the scope of “personal information” and enabling denial of most disclosures.

Practical Implications

Ambiguity of Definition: With the DPDP Act’s expansive definition of “person” including firms, companies, and associations, almost all government data can be labelled as personal.
Administrative Fear: Severe penalties under the DPDP Act (up to ?250 crore) incentivise Public Information Officers (PIOs) to deny information to avoid liability.
Weakening Accountability: Routine documents like pension records, marksheets, and official orders risk being withheld, undermining citizens’ monitoring of governance.

Democratic and Governance Concerns

Facilitation of Corruption: With denial becoming the norm, corruption cases linked to ghost employees, welfare leakages, and misuse of funds can remain hidden.
Ineffectiveness of Safeguards; Although the “larger public interest” clause still exists, its application is rare, leaving little scope for meaningful transparency.
Erosion of Citizen Rights: By prioritising data protection over disclosure, the amendment converts RTI into a “Right to Deny Information”, weakening democratic accountability.

Practice Question

“The recent amendment to Section 8(1)(j) of the RTI Act through the Digital Personal Data Protection Act has been criticised as transforming the Right to Information into a ‘Right to Deny Information’. Critically examine its constitutional, governance, and democratic implications.” (250 words)

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