SC Bench to review if new data law delivers a ‘body blow’ to RTI, Pg1

Key Highlights:

• The Supreme Court referred petitions challenging the Digital Personal Data Protection (DPDP) Act of 2023 to a Constitution Bench.
• Petitioners argue Section 44(3) of the DPDP Act imposes a "blanket ban" on disclosing 'personal information' under the RTI Act.
• A stay on the implementation of Section 44(3) was refused by the three-judge Bench.
• The court acknowledged the petitions raise a complex question of law regarding the definition of personal information.

Detailed Insights:

• The DPDP Act's Section 44(3) amends Section 8(1)(j) of the RTI Act, which previously allowed for the disclosure of personal information if public interest outweighed privacy concerns.
• Petitioners argue that the amendment grants the government unguided discretion to deny personal information, violating Article 14 and Article 19 of the Constitution.
• The 2019 Supreme Court judgment in CPIO vs. Supreme Court of India had previously applied a proportionality test to balance the right to information against the right to privacy.
• Concerns are raised that the DPDP Act prioritizes privacy over transparency, potentially hindering access to information related to public officials, procurement, and public funds.
• The amendment is viewed as potentially making the Right to Information ineffective by allowing blanket denials based on the grounds of 'personal information'.

Key Concepts Involved:

• Right to Information (RTI) Act: Legislation that provides citizens access to government-held information.
• Digital Personal Data Protection (DPDP) Act: Law regulating the processing of digital personal data.
• Article 14: Guarantees equality before the law.
• Article 19: Protects freedom of speech and expression.