The Digital Personal Data Protection Act, 2023 (DPDP Act) has introduced significant amendments aimed at enhancing digital data protection in India. Among these, Section 44(3) has sparked considerable debate due to its implications for the Right to Information (RTI) Act, 2005.The Indian ExpressThe Indian Express
Understanding Section 44(3) of the DPDP Act
Section 44(3) of the DPDP Act proposes a modification to Section 8(1)(j) of the RTI Act. The current provision in the RTI Act exempts from disclosure any personal information that is unrelated to public activity or interest, or would cause an unwarranted invasion of privacy, unless there is a larger public interest that justifies its release. The amendment seeks to simplify this clause to exempt all information relating to personal data from disclosure. The Indian Express+1The Indian Express+1
Concerns Raised by Activists
Activists argue that this amendment could significantly limit transparency. By broadening the scope of exemptions, it may reduce the amount of information that government agencies are obligated to disclose under the RTI Act. This change has raised concerns about potential conflicts between an individual’s right to privacy and the public’s right to information, especially in cases where disclosure serves a larger public interest. The Indian Express+1The Indian Express+1
Balancing Privacy and Transparency
The DPDP Act aims to strengthen digital data protection by safeguarding personal information from misuse. However, it’s crucial to balance these privacy protections with the principles of transparency and accountability. Ensuring that the amendment does not inadvertently shield information that is vital for public interest is essential for maintaining trust in public institutions.
Conclusion
As India advances its digital data protection framework, it is imperative to carefully assess the impact of legislative changes on both privacy rights and the public’s right to information. Striking a balance between these interests will be key to upholding democratic values and promoting an informed citizenry.
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