The Right to Information (RTI) Act, 2005 operationalised citizens’ right under Article 19(1)(a) to access government-held information, ensuring transparency and accountability. However, the 2023 amendment via Section 44(3) of the Digital Personal Data Protection (DPDP) Act expands exemptions related to “personal information,” raising fears of converting RTI into a Right to Deny Information (RDI).
RTI: Significance:
- Strengthening Democracy: Empowers citizens with the Right to Know, making governance transparent and participatory in the lines of Article 19(1)(a) – freedom of speech.
- Accountability & Transparency: Exposes misuse of power and public funds; RTI queries have uncovered major scams (e.g., Adarsh Housing Scam, MNREGA irregularities).
- Improved Service Delivery: Facilitates social audits, grievance redressal, and better implementation of welfare schemes by ensuring officials are answerable.
- Section 8(1)(j): Exempted “personal information” only if disclosure was an unwarranted invasion of privacy and lacked public interest.
- Safeguard provisions: If information cannot be denied to Parliament, it cannot be denied to citizens.
Recent Amendments to the RTI Act:
Amendment via Section 44(3) of DPDP Act, 2023:
- Amended Section 8(1)(j) of the RTI Act, 2005.
| Earlier | Now |
| Personal information could be withheld only if disclosure caused unwarranted invasion of privacy and no overriding public interest existed. | Blanket prohibition: all personal information exempt, even if disclosure is in public interest. |
- Removal of Safeguard Provisions:
| Earlier provisions | Recent amendments |
| “Information that cannot be denied to Parliament or a State Legislature shall not be denied to any citizen.” | This safeguard is now deleted, allowing denial of information that was earlier compulsorily shareable |
Alignment with Data Protection Framework:
- Personal data now defined as “any data about an individual who is identifiable by or in relation to such data”.
- This expands the scope far beyond the RTI’s original intent to nearly all government records (file notings, service details, correspondences) can be withheld.
Concerns with Recent Amendment:
Expanded Definition of Personal Information:
- DPDP Act defines “personal data” broadly → includes individuals, families, associations, even companies.
- Almost every government record can now be classified as “personal”.
Conflict with RTI’s Spirit:
- RTI default spirit is to disclose information unless exempted while the DPDP default is denial unless mandated which erodes citizens’ right to know.
Fear of Penalties:
- Penalties up to ₹250 crore under DPDP Act which may disincentivise Public Information Officers (PIOs) to disclose information.
Shielding Corruption:
- RTI previously exposed scams like 2G spectrum scam, Adarsh Housing Scam, Vyapam scam.
- Now, file notings, service records, and official correspondence may be withheld as “personal”.
Implications:
- Transparency Deficit: Weakens citizens’ monitoring of schemes (e.g., MGNREGA social audits).
- Democratic Erosion: Curtails participatory governance.
- Judicial Confusion: Conflicting interpretations of “privacy” post-K.S.Puttaswamy (2017) judgment.
- Civil Society Constraints: NGOs, journalists, and activists lose a critical tool of accountability.
Way Forward:
- Legislative Clarity: Harmonise RTI and DPDP definitions and restore public interest override clause.
- PIO Protection: Safeguards against penalisation for good faith disclosures.
- Judicial Oversight: Courts to reassert primacy of transparency in cases involving larger public interest.
- Strengthen Social Audits: Institutionalise mechanisms to ensure accountability in welfare schemes.
- Citizen Awareness: Empower citizens through campaigns and civil society mobilisation.
Conclusion:
The RTI Act was a landmark for participatory democracy, but the DPDP-linked amendments risk turning it into a Right to Deny Information. A balanced approach—upholding privacy without undermining transparency—is essential to protect citizens’ right to know, strengthen accountability, and deepen democratic governance.
‘+ 1’ Value Addition:
- RTI Impact: Recovered lakhs of fake ration cards in Delhi and exposed MNREGA fund leakages in Bihar.
- Data: 55 lakh RTI applications filed annually as per CIC Report 2022.
- Global: Over 120 countries have freedom of information laws. India ranked among top RTI users worldwide.
- ARC 2nd Report: Emphasised RTI as a tool for citizen-centric governance.
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