Right to Information (RTI) Act vs. Digital Personal Data Protection (DPDP) Act

 

Privacy vs Transparency: India’s RTI–DPDP Debate

Right to Information (RTI) Act vs. Digital Personal Data Protection (DPDP) Act

Debate: The editorial discusses a crucial debate between the Right to Information Act of 2005 (specifically Section 8, Clause 1, Sub-clause J) and the new Digital Personal Data Protection Act (DPDP) of 2023.

Government Amendments to RTI Act: The government has made amendments to the RTI Act that have raised concerns about reducing accountability and transparency.

Information Asymmetry: The author highlights an information asymmetry where the government possesses extensive data, including personal data of citizens, but citizens face restrictions in obtaining information from the government, especially if it involves personal data.

Earlier RTI Provisions: Previously, the RTI Act allowed for the disclosure of information even if it involved personal data, provided there was a larger public interest. This "public interest override" allowed citizens to seek information on public officials' assets, corruption records, and public expenditure.

New Amendments: The new amendments have removed the public interest override, creating a "blanket ban" on the disclosure of personal data. This means that if any requested information contains personal data, the government can refuse to disclose it, potentially blocking access to audit reports, official performance data, and public spending details.

Legal Contradiction: The DPDP Act (Section 7) allows the government to collect personal data without consent, while the RTI amendments restrict citizens from accessing information that might contain personal data, leading to an information imbalance.

Comparison with Global Standards: The European Union's GDPR model prioritizes both privacy and transparency, allowing for information disclosure in cases of significant public interest. The author suggests India should adopt a similar balanced approach.

Supreme Court's Role: The Supreme Court is expected to examine this matter, considering its implications on Article 19(1)(A) (Right to Information) and Article 21 (Right to Privacy) of the Indian Constitution.

Conclusion: The author emphasizes that a responsible government requires informed citizens, and the current amendments hinder this by reducing transparency.