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IT ministry says DPDP Act does not dilute RTI
The IT ministry asserts the DPDP Act, 2023 does not weaken the RTI Act, clarifying amendments are redundant and uphold both privacy and public interest.
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The IT ministry has clarified that it does not believe the Digital Personal Data Protection (DPDP) Act, 2023 dilutes the Right to Information (RTI) Act.
IT secretary S Krishnan told HT the amendment to the RTI Act through the DPDP law only removed “a redundant provision” and does not affect citizens’ right to information.
Section 44(3) of the DPDP Act amends section 8(1)(j) of the RTI Act, 2005, removing a proviso that allowed public information officers to share PRIVATE information in circumstances where the disclosure was deemed to be in larger public interest. However, Krishnan said this was redundant because section 8(2) of the RTI Act already permits public authorities to share ANY information if it serves public interest, regardless of exceptions in section 8(1).
“So there is no dilution, and in fact there is a strengthening,” the secretary said.
The issue came up in the Lok Sabha on Wednesday through a starred question. IT minister Ashwini Vaishnaw said the amendment balances the right to privacy, as upheld by the Supreme Court, with the right to information. He said the change aligns with judicial reasoning and prevents conflict between the two laws.
The ministry has sought the Attorney General’s confirmation of this interpretation. Once cleared, the law will be enforced, though the government does not expect any amendments to the DPDP Act. The rules that operationalise the law, however, are still awaited – more than 24 months since the act came into existence. The ministry has finalised the rules, Krishnan said, and will be issued after inter-ministerial feedback.
