In today’s fast-moving digital world, where data is created and shared at an incredible pace, India is at a turning point. The country is trying to answer a difficult question: How do we protect people’s privacy while still keeping the government open and transparent? Every time we go online—whether it’s through social media, banking, or health apps—we leave behind digital footprints. With so much personal data being shared, it’s more important than ever to protect it properly. We need strong laws to guide how data is collected, stored, and shared.
DPDP Act vs. RTI Act
India’s Digital Personal Data Protection (DPDP) Act, 2023 was designed to protect people’s personal data. But in doing so, it has created concerns about its effect on another important law—the Right to Information (RTI) Act, 2005. The RTI Act has helped citizens demand accountability from the government for almost two decades. It gives people the right to request information from public authorities. This right has been key in fighting corruption and increasing transparency.
However, a new change introduced through Section 44(3) of the DPDP Act has altered Section 8(1)(j) of the RTI Act. Previously, this section allowed personal information to be withheld if it had no link to public interest. It could also be withheld if sharing it would clearly invade someone’s privacy. It also allowed personal data to be shared if it served a greater public purpose—this is called the “public interest override.”
Now, the revised law simply says: “Information which relates to personal information shall be exempt from disclosure.”
This short sentence has raised big concerns. Experts and transparency advocates fear it could be used to block almost any RTI request by labeling the information as “personal”. Even if it involves public officials or decisions that affect the public.
Government’s View
The government has defended the amendment. Union Minister Ashwini Vaishnaw said the amendment aligns with the Supreme Court’s judgment on the right to privacy. He added that it will prevent people from misusing the RTI Act to dig into private lives. He also assured that any information that is accessible under other laws will still be available through RTI.
But critics argue the original RTI law already had enough safeguards to protect privacy. While still letting important information come to light when it was in the public interest.
Why People Are Worried?
The biggest fear is that officials may now refuse to share important details—like a public servant’s assets, educational background, or disciplinary records—by calling it “personal information.” This could make it harder for people to hold those in power accountable.
Another concern is the removal of the “parity principle”, which allowed information shared with Parliament to also be shared with citizens. This principle helped ensure equal access to important information for both lawmakers and the public. Without it, there’s a risk of creating a two-tier system where elected leaders have more access than the people they represent.
Also Read: Jairam Ramesh Urges Review of Amendment to RTI Act
