UNWARRANTED CHANGE: RTI ACT AMENDMENT

UPSC Relevance

GS-2: Governance – Transparency, accountability, RTI Act

GS-2: Polity – Fundamental Rights (Article 21), data privacy

GS-4: Ethics – Public interest, governance principles

Key Highlights

Amendment Details

The government amended Section 8(1)(j) of the RTI Act through Section 44(3) of the DPDP Act 2023. The original clause permitted withholding personal information unless public interest outweighed privacy concerns.
The new amendment allows authorities to deny information by simply labeling it “personal.”

Background

The change aligns with the K.S. Puttaswamy (2017) privacy rights ruling.
The government claims it balances RTI misuse and privacy rights.
Critics argue it undermines the RTI Act’s focus on public accountability.

Issues Raised

Information about public servants (e.g., fake caste certificates) could now be concealed. Section 44(3) weakens transparency mechanisms vital for citizen oversight.

Opposition Response

Jairam Ramesh labelled the amendment regressive and unnecessary.
Transparency advocates warn it could erode public accountability.

Significance

Threatens the RTI Act’s 20-year legacy of empowering citizens.
Undermines a key tool for anti-corruption and public interest governance.

Analysis & Way Forward

The government should narrowly define “personal” to preserve public interest.
Reintroduce safeguards through dialogue with civil society and legal experts.