Overview of RTI and Recent Amendments
The Right to Information (RTI) Act has been instrumental in enhancing the accountability of governance in India since its enactment 20 years ago. However, recent developments have threatened its effectiveness.
Amendments to the RTI Act
- A significant threat has emerged with the amendment to Section 8(1)(j) of the RTI Act through Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023.
- This amendment arises from the K.S. Puttaswamy (2017) judgment, which upheld the right to privacy as a fundamental right under Article 21 of the Constitution.
Impact of the Amendment
- Previously, Section 8(1)(j) allowed withholding of information unless public interest justified disclosure, providing crucial safeguards for transparency.
- The new amendment permits government bodies to withhold "personal information" without these safeguards, potentially classifying previously public data as "personal" to evade scrutiny.
Government's Defense
Union Minister Ashwini Vaishnaw defended the amendment, arguing it prevents misuse of the RTI Act and harmonizes the right to privacy with the right to information. He stated that certain data, such as public officials’ salaries, remains accessible under Section 3 of the DPDP Act.
Concerns and Recommendations
- The amendment is seen as unnecessary since the RTI Act already balances the right to information with privacy concerns by considering public interest.
- Civil society and transparency activists urge the government to remove the provision amending the RTI Act within the DPDP Act.