The Right to Information (RTI) Act has significantly enhanced accountability in Indian governance, but there have been attempts to weaken its provisions in recent years.
A new threat to the RTI Act comes from Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023, which amends Section 8(1)(j) of the RTI Act.
Section 8(1)(j) of the RTI Act allows the withholding of information if it violates privacy or is not in the public interest, but provides a safeguard for disclosing information if public interest outweighs privacy concerns.
Section 44(3) of the DPDP Act removes this safeguard, allowing government bodies to withhold personal information without considering public interest or exceptions.
The amendment risks reducing public access to important information by labeling it as “personal” and preventing transparency.
The DPDP Act is based on the K.S. Puttaswamy judgment (2017), which upheld the right to privacy as a fundamental right under Article 21 of the Constitution.
Union Minister Ashwini Vaishnaw defended the amendment, saying it aims to prevent misuse of the RTI Act and balance privacy and right to information.
Critics argue the amendment is unnecessary as the RTI Act already strikes a balance between privacy and transparency, assessing public interest.
There are calls for the government to remove the amendment in Section 44(3) of the DPDP Act, as it undermines transparency and civil society concerns.
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