Is data protection law crippling RTI, asks SC, Pg1

Key Highlights:

• The Supreme Court is examining whether the Digital Personal Data Protection (DPDP) Act, 2023, can undermine the Right to Information (RTI) Act, 2005.
• Concerns have been raised that the DPDP Act might classify all data as "personal," thereby restricting access to information.
• Specifically, Section 44(3) of the DPDP Act amended Section 8(1)(j) of the RTI Act, allowing public authorities to refuse information on "personal" grounds.
• The court emphasized the need to harmonize these two central laws, noting that the RTI Act operates on a much broader domain.

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Detailed Insights:

• The original Section 8(1)(j) of the RTI Act exempted personal information only if it had no relation to public activity or invaded privacy, with a public interest override.
• Under the original provision, Public Information Officers or First Appellate Authorities weighed privacy against transparency before disclosing personal information.
• Petitioners argue that Section 44(3) of the DPDP Act fundamentally alters this balance, extending the right to privacy to protect the State and public functionaries.
• This amendment could significantly impact investigative journalism by potentially requiring consent from the data principal for reporting.
• The Supreme Court expressed concern that the restrictive approach of the DPDP Act might effectively repeal earlier transparency laws.
• The court acknowledged that while data is now predominantly digital, the RTI Act covers all forms of data, unlike the DPDP Act which is limited to digital data.

Key Concepts Involved:

• Digital Personal Data Protection (DPDP) Act, 2023: A law enacted to protect the digital personal data of individuals.
• Right to Information (RTI) Act, 2005: A law enabling citizens to access information held by public authorities.
• Section 44(3) of DPDP Act: The specific provision that amends Section 8(1)(j) of the RTI Act.
• Section 8(1)(j) of RTI Act: The original provision dealing with the exemption of personal information from disclosure.
• Data Principal: The individual to whom the personal data relates.