Supreme Court to examine whether DPDP Act is crippling RTI

Why in the News

The Supreme Court has agreed to examine whether the Digital Personal Data Protection Act, 2023 is being used to defeat the Right to Information Act, 2005. The conflict is between the right to informational privacy and the right of citizens to access public information.

What is Section 44(3) of the DPDP Act, 2023?

1. Amending provision: Section 44(3) amended Section 8(1)(j) of the RTI Act, which governs exemption of personal information.
2. Effect: It removed the earlier public interest override, allowing any personal information to be withheld.

Why does this threaten the Right to Information?

1. Blanket exemption: Officials can now deny information by labelling it ‘personal data’ without a public interest test.
2. Journalism risk: Investigative reporting that relies on named records could be gagged.
3. Accountability loss: Asset disclosures and beneficiary lists that expose wrongdoing may fall outside access.

What is the case for the privacy safeguard?

1. Fundamental right: Privacy was recognised as a fundamental right under Article 21 in the K.S. Puttaswamy judgment.
2. Data misuse: Uncontrolled disclosure of personal data can enable profiling and harm.

What must be resolved for the two laws to coexist?

1. Public interest test: A restored balancing standard is the missing precondition for reconciling access and privacy.

Conclusion

The central question is whether privacy protection can be read so widely that it nullifies transparency. The next milestone is the Court’s substantive hearing on the challenge to Section 44(3).

Back2Basics: Right to Information Act, 2005

1. Objective: Empowers citizens to seek information from public authorities to promote transparency and accountability.
2. Key body: Central and State Information Commissions adjudicate appeals and complaints.
3. Section 8: Lists exemptions from disclosure, including the personal information clause now amended.

Matching Previous Year Question

“[2020, GS2, 10 marks] ‘Recent amendments to the Right to Information Act will have profound impact on the autonomy and independence of the Information Commission’. Discuss.”