Context:
The Attorney-General (A-G) R. Venkataramani clarified that the Digital Personal Data Protection (DPDP) Act, 2023 does not dilute the Right to Information (RTI) Act, 2005, despite concerns raised regarding amendments to Section 8(1)(j) of the RTI Act.
Key Highlights:
Core Issue
- Civil society groups argue that amendments create a blanket exemption for personal information.
- Government contends that:
- Section 8(2) of RTI Act allows disclosure if public interest outweighs privacy harm.
- RTI amendment notified in November 2025.
- DPDP Act implementation timeline: 12–18 months for certain provisions.
Legal Debate
- Tension between:
- Right to Privacy (Article 21 – Puttaswamy Judgment, 2017)
- Right to Information (derived from Article 19(1)(a))
Relevant Prelims Points:
- RTI Act, 2005
- Promotes transparency and accountability.
- Section 8 lists exemptions.
- Section 8(1)(j): Personal information exemption.
- Section 8(2): Public interest override clause.
- DPDP Act, 2023
- Governs processing of digital personal data.
- Establishes Data Protection Board of India.
- Recognizes consent-based data processing.
- Puttaswamy Judgment (2017)
- Recognized Right to Privacy as Fundamental Right under Article 21.
Relevant Mains Points:
- Transparency vs Privacy Debate
- RTI strengthens:
- Democratic accountability
- Anti-corruption efforts
- DPDP strengthens:
- Individual autonomy
- Informational privacy
Balancing both is constitutionally necessary.
- Constitutional Morality
- Both rights are not absolute.
- Supreme Court mandates:
- Proportionality test
- Reasonable restrictions
- Governance Implications
- Over-broad privacy exemptions may:
- Shield public officials from scrutiny.
- Weak privacy safeguards may:
- Lead to data misuse.
Way Forward
- Clear guidelines for interpreting Section 8 exemptions.
- Harmonious construction of RTI and DPDP laws.
- Judicial clarity through constitutional adjudication.
- Institutional training for Public Information Officers (PIOs).
UPSC Relevance:
- GS 2: Governance – Transparency vs Privacy
- Polity: Fundamental Rights, Statutory Bodies
- Prelims: Sections of RTI, DPDP provisions