Paper: GS – II, Subject: Governance, Topic: Transparency, Issue: Challenges to the RTI Act.
Context:
20 years of RTI is celebrated as a tool of deepening democracy. The recent Digital Personal Data Protection Act (DPDPA), 2023 raises concern of undermining RTI by restricting access to information under the garb of privacy.
Key Highlights:
RTI Act, 2005 marked a watershed in Indian democracy, empowering citizens with the right to know and ensuring transparency and accountability.
Significance:
- Empowers citizens to seek information from public authorities.
- Strengthened accountability of government and reduced scope of corruption.
- Instrumental in exposing scams such as 2G spectrum, Commonwealth Games, Vyapam, etc.
Key Concerns with DPDPA 2023:
(a) Restrictions on Access: Section 8(1)(j) of RTI Act earlier allowed information disclosure if public interest outweighed privacy. However, DPDPA overrides this balance by prohibiting sharing of any personal data without explicit consent, even if it relates to corruption or misuse of power.
(b) Penalties and Chilling Effect: Unauthorized disclosure of personal data invites fines up to ₹250 crore. This deters officials, journalists, and RTI activists from exposing corruption.
(c) Ambiguity in Interpretation: Lack ofclarity on what constitutes public interest vs privacy leaves wide discretionary powers with authorities to deny information.
Implications:
- Transparency weakened: Corrupt officials shielded behind privacy laws.
- Citizens disempowered: People’s right to know is curtailed.
- Judicial Backing diluted: Earlier court interpretations such as PUCL vs Union of India, 2003 upheld RTI over secrecy in larger public interest.
Conclusion:
There is a need for harmonisation of RTI & DPDPA along with proper guidelines & safeguards to ensure RTI remains central to democracy.
https://indianexpress.com/article/opinion/columns/the-rti-is-dead-long-live-the-rti-10305257
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