Privacy, transparency, Pg10

Key Highlights:

• The Supreme Court referred petitions challenging amendments to the RTI Act by the DPDP Act, 2023 to a Constitution Bench on Monday.
• The amendment removes the "public interest override" from Section 8(1)(j) of the RTI Act, imposing a blanket ban on disclosing personal information.
• The Internet Freedom Foundation highlights a paradox where the state can process personal data without consent, but citizens are restricted from seeking transparency.
• Journalists could face fines up to ₹250 crore for non-compliance as "data fiduciaries" under the DPDP Act, potentially chilling investigative journalism.

Detailed Insights:

• The RTI Act, 2005 aimed to create an informed citizenry and ensure state accountability, vital for a functioning democracy.
• The DPDP Act dilutes the RTI Act by prohibiting the disclosure of any information related to personal information, hindering access to official and financial records.
• Section 7 of the DPDP Act allows the state to process personal data without consent, while the RTI amendment prevents citizens from using similar principles for state scrutiny.
• The amendment may classify journalists as "data fiduciaries," threatening investigative journalism with potential fines and compliance burdens.
• The European Union’s GDPR balances privacy and transparency, contrasting with the DPDP Act's potential impact on accountability and press freedom.
• The Constitution Bench should consider the Central Public Information Officer (2019) judgment, emphasizing that personal information should be private unless disclosure serves a larger public interest.
• The RTI has reduced information asymmetry between the state and citizens, and its survival is crucial for a responsive government.

Key Concepts Involved:

• Right to Information (RTI) Act: Legislation promoting transparency and citizen access to government information.
• Digital Personal Data Protection (DPDP) Act: Law regulating the processing of digital personal data.
• Data Fiduciary: Entity processing personal data on behalf of a data principal.
• Public Interest Override: A provision allowing disclosure of information if the public benefit outweighs privacy concerns.