Supreme Court Refers RTI and DPDP Act Conflict to Constitution Bench
The Supreme Court of India has referred petitions challenging the amendment of Section 8(1)(j) of the RTI Act by the Digital Personal Data Protection (DPDP) Act, 2023, to a Constitution Bench. The amendment removes the 'public interest override' that previously allowed the disclosure of personal information if justified by a larger public interest. Critics argue this creates a 'blanket ban' on information concerning officials and public spending, leading to information asymmetry between the state and citizens. The court will examine the 'constitutional sensitivity' of these changes and their impact on transparency and democratic accountability.
Key Points
- The DPDP Act 2023 amends the RTI Act 2005, effectively prohibiting the disclosure of any personal information.
- A Constitution Bench will define 'personal information' and assess the legality of removing the public interest override.
- Journalists may be classified as 'data fiduciaries' under the new rules, potentially facing fines up to ₹250 crore for non-compliance.
- The amendment is criticized for allowing the state to process citizen data without consent while denying citizens the ability to scrutinize the government.
Exam Facts
- Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023.
- Section 8(1)(j) of the Right to Information (RTI) Act, 2005.
- Maximum fine of ₹250 crore for non-compliance under DPDP Act provisions.
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