Data law: SC to examine privacy, public interest & press freedom, Pg4

Key Highlights:

• The Supreme Court (SC) is examining the constitutionality of the Digital Personal Data Protection (DPDP) Act, 2023, following petitions challenging its impact on privacy, the Right to Information (RTI), and press freedom.
• Petitions filed by NCPRI, Venkatesh Nayak, and The Reporters’ Collective (TRC) argue the Act undermines the RTI Act and expands state surveillance powers.
• The SC admitted the pleas and will hear them in March by a Constitution Bench but declined to stay the Act.
• Petitioners argue that the DPDP Act fails the proportionality test mandated by the Puttaswamy judgment, impacting investigative journalism.

Detailed Insights:

• The DPDP Act's Section 44(3) amends Section 8(1)(j) of the RTI Act, potentially restricting access to personal information held by public authorities, even if it relates to public interest.
• The amendment removes the power of Public Information Officers (PIO) to weigh public interest against privacy, which could shield corrupt officials by withholding information deemed "personal".
• Journalists fear being classified as "data fiduciaries" under the DPDP Act, which would impose obligations like obtaining consent from individuals being investigated, making investigative journalism difficult.
• Section 36 of the Act, which empowers the Union government to call for information from any data fiduciary, is challenged for potentially enabling unreasonable digital searches without safeguards.
• Concerns are raised about the independence of the Data Protection Board of India due to the dominance of government officials in the appointment of its chairperson and members.

Key Concepts Involved:

• Right to Information (RTI): A fundamental right allowing citizens access to government-held information, promoting transparency and accountability.
• Data Fiduciary: An entity processing personal data, subject to obligations under data protection laws to ensure data security and privacy.
• Proportionality Test: A legal principle requiring that restrictions on fundamental rights must be necessary and proportionate to the aim pursued by the state.