Does the Data Act dilute the Right to Information Act?, Pg8

Key Highlights:

• The Supreme Court is reviewing petitions challenging amendments to the Right to Information (RTI) Act introduced via the Digital Personal Data Protection (DPDP) Act.
• Section 44(3) of the DPDP Act amends Section 8(1)(j) of the RTI Act, providing a blanket exemption for personal information.
• Petitioners argue the amendment is unconstitutional, potentially hindering transparency and accountability of public authorities.
• The Supreme Court has referred the matter to a Constitution Bench due to the 'constitutional sensitivity' of the questions involved.

Detailed Insights:

• The DPDP Act of 2023 was enacted following the Puttaswamy (2017) judgment, which recognized the right to privacy as a fundamental right under Article 21.
• Section 8(1)(j) of the RTI Act previously allowed for the disclosure of personal information if it served a larger public interest, balancing privacy and transparency.
• The amendment could prevent the disclosure of assets and liabilities of public servants, procurement records, audit reports, and public spending details, hindering corruption probes.
• The Supreme Court's intervention to define 'personal information' is a positive step, but repealing the amendment to revert to the previous balanced approach is recommended.

Key Concepts Involved:

• Right to Information (RTI) Act: Law empowering citizens to seek information from public authorities.
• Digital Personal Data Protection (DPDP) Act: Law that establishes a framework for processing digital personal data.
• Fundamental Right to Privacy: Declared under Article 21 of the Constitution, protecting individual's personal data.