Paper: GS-II, Subject: Polity, Topic: Legal Issues, Issues: Digital Personal Data Protection (DPDP) Act, 2023.
Context:
The Supreme Court has decided to refer petitions to a Constitution Bench challenging Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023.
What is Section 44(3) of the DPDP Act?
- The DPDP Act, 2023, received Presidential assent on August 11, 2023 and aims to regulate digital personal data processing while balancing individual privacy rights with lawful data processing needs.
- Section 44(3) amends Section 8(1)(j) of the RTI Act, 2005, expanding the scope of denying information under the pretext of protecting personal data.
The Change:
- Previous Section 8(1)(j) (RTI Act): Allowed exemption from disclosure only if the personal information was unrelated to public interest or caused unwarranted privacy invasion, unless larger public interest justified disclosure.
- Revised Section 8(1)(j) (DPDP Act): This removes the “larger public interest” clause and broadly exempts all personal information from disclosure under RTI.
How could this affect RTI Requests?
| Before DPDP Act (RTI Act – Section 8(1)(j)) | After DPDP Act (Section 44(3)) |
| Personal information could be disclosed if public interest justified it. | All personal information is exempt from disclosure, regardless of public interest. |
| Example: A citizen could request details of public officials’ assets if corruption was suspected. | Example: Such a request can now be denied, citing personal data protection. |
| The balance between privacy and transparency was determined case-by-case. | Blanket exemption for personal data, even if it concerns public officials |
The case highlights a major constitutional debate how to balance privacy protection with transparency in governance. The Constitution Bench’s interpretation will shape the future relationship between data protection and citizens’ right to know.
Source: (The Hindu)
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