A joint letter by over 120 Members of Parliament (MPs) called for repealing the Section 44(3) of the DPDP Act, 2023 as it weakens the Right to Information (RTI) Act, 2005.
- Section 44(3) of the DPDP Act, 2023 amends the Section 8(1)(j) of the RTI Act, 2005, prohibiting sharing of all ‘personal information’.
- Section 8(1)(j) of the RTI Act, 2005 entails exemption from disclosure of personal information unless it is of ‘public interest’.
Key concerns raised
- Public accountability: The blanket exemption of and the vague definition of personal information provides discretion to public authorities.
- This impacts citizens’ ability to scrutinise public officials, demand clarity on policy decisions, and hold institutions accountable.
- Constitutional balance between privacy and transparency: Right to privacy and information are complementary. However, balance is required between both these fundamental rights.
- Justice A.P. Shah Committee (2012): Cautioned against allowing data protection to override access rights under the RTI Act.
- K.S. Puttaswamy vs. Union of India Case (2017): Privacy and transparency must be reconciled within a proportionality framework—ensuring that restrictions are justified and necessary.
- Girish Ramchandra Deshpande vs. Central Information Commissioner & Ors.: Supreme Court prioritised privacy yet observed that necessary information can be disclosed if it is in the public interest.
Recommendations
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