RTI Act Under Scrutiny, Concerns Over Amendments to the Digital Personal Data Protection Bill
Why in News?
The recent amendment to the Right to Information (RTI) Act through Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023 has sparked widespread concern. Experts argue it undermines transparency and public accountability by restricting access to information under the guise of protecting personal data. 
Introduction
The RTI Act, passed in 2005, has been a powerful tool for promoting transparency and holding governance accountable. However, recent changes introduced via the DPDP Act, particularly Section 44(3), have raised alarms that it may be used to dilute the essence of the RTI.
Key Issues and Background
What Has Changed?
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Section 8(1)(j) of the RTI Act originally allowed the government to withhold personal information unless it served the public interest or the disclosure outweighed privacy concerns.
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The DPDP Act’s new Section 44(3) amends this by allowing the government to simply deny access to “personal information”, without balancing it against public interest.
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This change undermines the RTI safeguard that allowed public interest disclosures even if some information was private.
The K.S. Puttaswamy Judgement
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The 2017 Supreme Court judgment in K.S. Puttaswamy upheld the right to privacy as a fundamental right under Article 21.
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The amendment is being justified by the government as aligning the RTI with privacy rights, but critics argue it violates the principle laid down in that judgment.
The Core of the Concern
Dilution of RTI Powers
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The RTI Act was never meant to be overridden by privacy claims, especially when information was linked to public accountability.
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The amendment could allow bureaucrats to withhold even essential public documents like educational qualifications or caste certificates, citing “personal” nature.
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A recent fake certificate controversy has shown why such information should remain accessible.
Key Observations
Government Justification
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Union Minister Ashwini Vaishnaw claimed the amendment prevents misuse of the RTI and harmonizes privacy with information rights.
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However, critics argue this could be used to vaguely classify any data as “personal”, making RTI queries ineffective.
Expert Concerns
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Civil society and transparency activists argue that this amendment:
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Undermines public accountability,
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Weakens a crucial tool for fighting corruption,
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Creates a loophole for denial of legitimate information requests.
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Conclusion
Amending the RTI Act through the DPDP Act appears to weaken a democratic safeguard that promotes transparency. While balancing privacy and information is essential, blanket denial under the “personal data” label risks misuse. The RTI’s existing safeguards are adequate, and any attempt to limit its scope must be re-evaluated. Public interest should remain paramount in determining disclosure.
Q&A Section
Q1. What does Section 44(3) of the DPDP Act aim to change in the RTI framework?
Ans: It allows authorities to deny information requests by classifying data as “personal,” without weighing public interest, thus diluting Section 8(1)(j) of the RTI Act.
Q2. Why is this amendment seen as problematic by RTI activists?
Ans: It weakens the RTI Act’s safeguard that permitted public interest disclosures even if information was personal, making it easier for officials to deny legitimate requests.
Q3. How is the amendment being justified by the government?
Ans: The government claims it harmonizes the RTI with the right to privacy upheld in the K.S. Puttaswamy case and prevents misuse of RTI.
Q4. What kind of information might now be withheld under the new provision?
Ans: Information like caste certificates, educational qualifications of public servants, or other documents that could reveal misconduct but are now termed “personal.”
Q5. What is the central criticism of the amendment according to experts?
Ans: It is vague, potentially unconstitutional, and could significantly reduce transparency and public accountability in governance.
