Attorney-General Clarifies DPDP Act 2023 Does Not Dilute Right to Information (RTI) Act
Attorney-General R. Venkataramani has stated that the Digital Personal Data Protection (DPDP) Act, 2023, does not 'dilute' the Right to Information (RTI) Act, 2005. While civil society groups argue that amendments to Section 8(1)(j) of the RTI Act create a total exemption for personal information, the A-G points to Section 8(2) of the RTI Act. This section mandates the disclosure of exempted information if the public interest outweighs the harm. The DPDP Act aims to provide a legal framework to balance privacy and transparency, as mandated by the Supreme Court's Puttaswamy judgment, ensuring accountability is maintained.
Key Points
- Section 8(1)(j) of the RTI Act was amended by the DPDP Act to exempt 'personal information' from disclosure.
- Section 8(2) of the RTI Act remains a 'super-clause' that allows disclosure if public interest is paramount.
- The DPDP Act was notified in August 2023 with a 12-18 month implementation timeline for various provisions.
- The Supreme Court's Puttaswamy judgment established privacy as a fundamental right, necessitating a balance with transparency.
Exam Facts
- Section 8(1)(j) and Section 8(2) of the RTI Act, 2005.
- Digital Personal Data Protection (DPDP) Act, 2023.
- Justice K.S. Puttaswamy (Retd.) vs Union of India judgment (2017).
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