SC to hear plea accusing new data protection law of ‘weaponising’ right to privacy and ‘disarming’ RTI, Pg8

Key Highlights:

• The Supreme Court will hear a petition challenging Section 44(3) of the Digital Personal Data Protection (DPDP) Act of 2023 on Monday.
• The petition, filed by Venkatesh Nayak, argues the law unduly restricts citizens' right to information under the RTI Act.
• The petition claims the amendment facilitates blanket refusal of information citing "personal" nature, impacting transparency.
• National Campaign for People’s Right to Information (NCPRI) has also filed a separate petition in the apex court.

Detailed Insights:

• The core contention is that Section 44(3) amends Section 8(1)(j) of the RTI Act, allowing authorities to deny information requests concerning "personal information".
• Previously, the RTI Act allowed for disclosure of personal information if it related to public activity or if public interest outweighed privacy concerns.

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• The amendment removes the balancing mechanism, potentially leading to automatic denial of RTI applications involving public officials or public funds.
• Critics argue this grants the Executive unguided discretion, unreasonably restricts Article 19 (right to free speech), and violates Article 14 (right to equal treatment).
• The change prioritizes the privacy of public functionaries over transparency and open governance, inverting established legal principles.

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 19: Indian Constitution article guaranteeing freedom of speech and expression.