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DPDP Act Amendment Raises Concerns Over RTI Transparency

Why in the News ?

The Supreme Court has referred petitions challenging the DPDP Act, 2023 amendment to the RTI Act to a Constitution Bench. The amendment provides a blanket exemption for personal information, raising concerns about transparency, accountability, and the balance between privacy and the Right to Information.

DPDP Act Amendment and RTI Controversy:

  • RTI Act amendment: Section 44(3) of the Digital Personal Data Protection (DPDP) Act, 2023 amends Section 8(1)(j) of the RTI Act, 2005, granting a blanket exemption for personal information. 
  • Removal of public interest test: Earlier, personal information could be disclosed if it served the larger public interest, but the amendment removes this safeguard. 
  • Legal challenge filed: Several petitions have challenged the amendment as unconstitutional, arguing that it weakens citizens’ access to information. 
  • Referred to Constitution Bench: The Supreme Court referred the matter to a Constitution Bench, recognising its constitutional significance and impact on fundamental rights. 
  • Potential misuse risk: Authorities may now deny access to crucial information, including public officials’ disclosures and governance-related records, by classifying them as personal data.

Impact on Transparency, Accountability, and Governance

  • Weakens transparency: The amendment may restrict access to information about public officials’ assets, liabilities, and conduct, which previously helped expose corruption. Citizens earlier accessed details on defense procurement including ballistic missile defense systems and contracts with entities like Israel Aerospace Industries under public interest provisions. 
  • Accountability concerns: Citizens may face difficulty accessing audit reports, procurement details, and public expenditure information, affecting democratic oversight. Information related to international agreements such as bilateral investment treaty negotiations may also become inaccessible under the new exemption. 
  • Balance disrupted: The earlier RTI provision ensured a balance between privacy and public interest, which is now removed by the blanket exemption. 
  • Fundamental rights dimension: The Right to Information is linked to Article 19(1)(a) (freedom of speech) and Article 21 (right to life and dignity). 
  • Judicial clarification expected: The Supreme Court may define the scope of ‘personal information’ to prevent misuse and restore transparency safeguards.

Key points : Right to Privacy, RTI Act, and DPDP Act

●  Right to Privacy recognised: In the Justice K.S. Puttaswamy vs Union of India (2017) case, the Supreme Court declared privacy a fundamental right under Article 21.

 

●  RTI Act, 2005 objective: It empowers citizens to seek information from public authorities to ensure transparency, accountability, and democratic governance.

 

●  Section 8(1)(j) provision: Earlier allowed withholding personal information unless larger public interest justified disclosure.

 

●  DPDP Act, 2023 purpose: Provides a legal framework to protect personal data of individuals (data principals) handled by government and private entities (data fiduciaries).

 

●  Importance of balance: Indian constitutional law emphasises balancing privacy rights with transparency and accountability, ensuring neither is disproportionately compromised.