RTI Act and DPDP Act Section 44(3): Privacy Versus Transparency
Why in the news
The DPDP Act, 2023 changed a key exemption in the RTI Act, and transparency campaigners say this weakens citizens’ power to examine public bodies.
Key facts
- RTI Act: passed in 2005; promotes transparency and accountability.
- Section 44(3) of the DPDP Act amends Section 8(1)(j) of RTI.
- The DPDP Act flows from the K.S. Puttaswamy judgment (2017), which made privacy a fundamental right under Article 21.
| Aspect | Before | After DPDP amendment |
|---|---|---|
| Personal information | Can be withheld if no public interest or unwarranted privacy invasion | All personal information can be withheld |
| Public interest safeguard | Disclosure allowed if public interest outweighs privacy | No such exception |
Concerns
- “Personal information” is not defined, which invites broad, arbitrary refusals.
- Records such as educational qualifications and caste certificates, used to expose fraud in public jobs, could be blocked.
Government view and response
- Union Minister Ashwini Vaishnaw said it prevents misuse and balances privacy with transparency.
- Civil society says RTI already strikes that balance, so the change is redundant and harmful.
Way forward
- Revoke Section 44(3) and bring back the public interest safeguard.
Exam angle
- Provision altered: RTI Section 8(1)(j).
- Related: Article 21.