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RTI Act and DPDP Act Section 44(3): Privacy Versus Transparency

15 April 20251 min read
NATIONAL AFFAIRSRTI Act and DPDPAct Section 44(3):Privacy VersusTransparency15 April 2025safalsetu.com

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.
AspectBeforeAfter DPDP amendment
Personal informationCan be withheld if no public interest or unwarranted privacy invasionAll personal information can be withheld
Public interest safeguardDisclosure allowed if public interest outweighs privacyNo 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.

Test yourself

1. Which section of the DPDP Act, 2023 amends Section 8(1)(j) of the RTI Act?

Section 44(3) of the DPDP Act brings the amendment.

2. The K.S. Puttaswamy judgment of 2017 recognised privacy as a fundamental right under which Article?

The ruling affirmed privacy under Article 21.

3. What key safeguard in RTI Section 8(1)(j) is removed by the DPDP amendment?

Disclosure when public interest outweighs privacy is no longer provided.