The Right to Information Act, 2005 (RTI) is a landmark legislation ensuring transparency and accountability in governance, empowering citizens with the right to know. The Digital Personal Data Protection Act, 2023 (DPDPA), passed in the wake of the K.S. Puttaswamy judgment upholding privacy as a fundamental right under Article 21, seeks to protect personal data.
However, concerns arise that amendments under DPDPA, particularly to Section 8(1)(j) of RTI, may dilute transparency and restrict public access to vital information.
Significance of DPDP Act, 2023 in Upholding Privacy:
- Constitutional Realisation of Privacy Right: Gives legal shape to the K.S. Puttaswamy (2017) judgment that declared privacy a fundamental right under Article 21.
- Empowerment of Citizens: Grants’ individuals’ control over their data through rights to access, correct, erase, withdraw consent, and grievance redressal.
- Accountability of Data Fiduciaries: Imposes obligations of data minimisation, accuracy, security safeguards, and breach notifications, with stricter norms for Significant Data Fiduciaries.
- Child & User Protection: Mandates verifiable parental consent for minors, prohibits harmful processing and targeted advertising for under-18 users.
- Strong Enforcement & Deterrence: Establishes Data Protection Board of India for oversight and grievance handling, with penalties up to ₹250 crore for serious breaches.
Significance of RTI Act, 2005:
- Transparency & Accountability: Mandates disclosure of information unless exempted. Section 8(1)(j), RTI Act permits withholding personal information unless larger public interest justifies disclosure.
- Empowered Citizens: Enabled social audits, exposed corruption. For e.g., 2G scam, Commonwealth Games, Vyapam.
- Strengthening Democracy: Helps check misuse of public funds (e.g., NREGA, PDS ration distribution).
- Constitutional Backing: Linked to Article 19(1)(a) (Freedom of Speech) and Article 21 (Right to Life).
Concerns with DPDPA, 2023:
· Amendment to Section 8(1)(j) via Section 44(3) of DPDPA
- Removes public interest safeguard and provides for blanket ban on disclosure of personal information.
- Government bodies can now withhold data even when disclosure serves transparency.
- Chilling Effect: Unauthorized disclosure penalties up to ₹250 crore discourages officials, journalists, RTI activists.
- Ambiguity in Definition: “Personal information” is vaguely defined which gives scope for denial of previously accessible information.
- Privacy vs Accountability Dilemma: While protecting privacy it weakens accountability in governance.
- Transparency weakened: Corrupt officials can hide behind privacy laws which may disempower citizens.
- Judicial safeguards bypassed: Earlier rulings such as PUCL vs UOI, 2003 upheld public interest as overriding secrecy.
Way Forward:
- Harmonisation of Rights: Explicitly preserve public interest override in RTI, even within privacy framework.
- Clear Guidelines: Define “personal information” precisely, with independent oversight.
- Comparative Learning: Adopt best practices from countries like Mexico, where access-to-information laws balance privacy with transparency.
Conclusion:
While privacy protection is vital, the amendment to RTI through DPDPA tilts the balance excessively towards secrecy. There is a need to ensure India’s democratic accountability and citizens’ right to know.
‘+1’ Value Addition:
- India is a signatory to UN Convention Against Corruption (2005) mandates transparency.
- RTI exposed corruption in PDS ration distribution in Rajasthan, ensuring accountability in welfare schemes.
- CIC reports 4.3 million RTI applications annually of which around 45% relate to welfare schemes and entitlements.
- Over 4 crore RTI applications filed since 2005 till 2022 as per the CIC report.
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