Concerns Over Digital Personal Data Protection Act Diluting the Right to Information Act
Petitions in the Supreme Court challenge the Digital Personal Data Protection (DPDP) Act, 2023, arguing it dilutes the Right to Information (RTI) Act. Section 44(3) of the DPDP Act amends Section 8(1)(j) of the RTI Act to provide a blanket exemption for 'personal information', removing the previous proviso that allowed disclosure if it served a larger public interest. Critics argue this prevents scrutiny of public servants' assets and corruption. The matter has been referred to a Constitution Bench to balance the fundamental right to privacy (Puttaswamy judgment) against the right to information (Article 19).
Key Points
- The DPDP Act 2023 removes the 'public interest' override for disclosing personal information under RTI.
- Previously, RTI was used to probe corruption by accessing assets and liabilities of public servants.
- The Supreme Court must now reconcile the right to privacy with the need for transparency in governance.
- The amendment is challenged as being 'ultra vires' to the Constitution's provisions on free speech and transparency.
Exam Facts
- DPDP Act, 2023; Section 44(3) of DPDP Act.
- Section 8(1)(j) of the RTI Act, 2005.
- Puttaswamy Judgment (2017) declared privacy a fundamental right.
- Justice B.N. Sri Krishna headed the committee on the data protection framework.
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