DPDP Act and its effect on RTI

What is DPDP:-

In today’s age where cyber security threats are an ever-growing problem, India has taken a significant step in addressing the issue by introducing the  Digital Personal Data Protection Act, 2023 (DPDP Act or DPDPA-2023). This legislation aims to strike a careful balance between two essential needs:

1.  The right of individuals to protect their personal data, and

2.  The need for organizations to process that data for lawful and legitimate purposes.

Today, whether you are shopping online, texting a friend or just browsing through the internet, your personal data is often utilized, the government through the DPDP act 2023 aims to ensure that this data is handled with responsibility and accountability  

The act also marks a cultural shift in how the laws are often written. For the 1st time the act uses she/her pronouns instead of the traditional he/ him pronouns. this step marks a milestone in gender inclusivity and sensitivity in legal drafting

The act highlights India’s commitment towards digital privacy and cyber security in the ever evolving digital world and helps foster trust in India’s ability to protect its citizens from the ever growing threats in the cyberspace

History of the act

The Supreme Court in the case of Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors. (2017) in a landmark judgment held that the right to privacy is a fundamental right under article 14, 19, 21 of the Indian constitution

It overruled previous judgements of the Supreme Court in Kharak Singh vs. State of UP and M.P. Sharma vs. Union of India, which held that there is no fundamental right to privacy under the Indian Constitution.

The government after the verdict in 2018 set up a committee of experts to frame the data protection framework under the chairmanship of Justice B.N.Srikrishna 

This led to the creation of the personal data protection bill 2019 which was tabled in the parliament but after being referred to a joint parliamentary committee it was rescinded due to criticism from stakeholders, opposition and experts that "there are concerns that the Bill gives the government blanket powers to access citizens' data."

Thereafter in 2023 the Digital Personal Data Protection Bill was tabled and passed by the parliament of India

Impact on RTI act

One of the key concerns with the DPDP act 2023 is its potential of misuse and impact on transparency and public access to information

Under section 8(1)(j) of the Right to Information (RTI) Act personal information can be disclosed if there existed an overriding public interest . This ensured accountability in larger public activities even if personal data was involved

This provision was overridden by the Section 44(3) of the DPDP Act which enabled authorities to deny disclosure of personal data even if there existed a larger public interest

This removes the crucial balance between privacy and public accountability allowing officers to hide behind the  guise of personal information even when the matter at hand pertain to an overriding public interest

Courts overtime have upheld the principle of personal privacy but permitted disclosure of data in case of larger public interest as seen in the cases of Surupsingh Hrya Naik vs. State Of Maharashtra, AIR 2007 BOM 121 ,

 Girish Ramchandra Deshpande vs. Central Information Commissioner & Ors., 2012 AIR SCW 5865 the Supreme Court prioritised privacy yet observed that necessary information can be disclosed if it is in the public interest 

Through this observation the Supreme Court ensured that transparency must not be compromised even if the Court leaned towards protecting individual privacy.  

 Recommendations

To address concerns about transparency:

• The Data Protection Board should issue clear guidelines on evaluating public interest under the amended Section 8(1)(j).

• Judicial oversight should be strengthened to prevent misuse of the privacy exemption.

• Public awareness campaigns can educate citizens about their rights under both Acts.

CONCLUSION

The DPDP Act, 2023, is a landmark step toward protecting digital privacy in India, but its amendment to the RTI Act raises valid concerns about reduced transparency. By clarifying guidelines and ensuring robust oversight, India can balance privacy and accountability, fostering trust in its digital and democratic frameworks.

By Kisna Chaudhary(NALSAR)