Supreme Court to Review if Digital Personal Data Protection Act 2023 Undermines Right to Information
The Supreme Court has agreed to refer petitions to a Constitution Bench to examine if Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023, cripples the Right to Information (RTI) Act. The provision amends Section 8(1)(j) of the RTI Act, potentially creating a 'blanket ban' on disclosing personal information of public officials. Petitioners argue this removes the 'public interest' override and the discretion of Public Information Officers to balance privacy and transparency. The court will define what constitutes 'personal information' and whether the amendment violates the fundamental right to information under Article 19 of the Constitution.
Key Points
- Section 44(3) of the DPDP Act 2023 amends Section 8(1)(j) of the RTI Act 2005, removing the proviso for public interest disclosure.
- Critics argue the amendment equates the privacy of public functionaries with that of ordinary citizens, hindering government accountability.
- The 2019 'CPIO vs Supreme Court' judgment previously established a proportionality test for balancing privacy and the right to information.
- The Supreme Court will determine if the amendment imposes an 'unreasonable restriction' on the right to information under Article 19.
Exam Facts
- Relevant Law: Digital Personal Data Protection (DPDP) Act, 2023.
- RTI Section Amended: Section 8(1)(j).
- Constitutional Articles: Article 19 (Freedom of Speech/Information) and Article 14 (Equality).
- Key Case: CPIO vs Supreme Court (2019).
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