Congress leader Jairam Ramesh has therefore urged Union Minister for Information Technology, Ashwini Vaishnaw, to pause, review, and repeal the amendment made to the Right to Information (RTI) Act, 2005 under the Digital Personal Data Protection (DPDP) Act 2023. Ramesh has raised concerns about the potential destruction of citizens’ rights to access important public information as a result of Section 44(3) of the DPDP Act. Ramesh said,
“The deletion of the provision in Section 8(1) of the RTI Act which recognizes the citizens’ right to information as being at par with that of legislators is completely unwarranted.”
Jairam Ramesh Criticizes Minister Vaishnaw’s Response
The comments from Ramesh follow a response from Vaishnaw to Ramesh’s earlier letter, in which the Congress leader raised concerns about Section 44(3) of the DPDP Act. In his letter, Ramesh argued that the amendment introduced under the DPDP Act would prohibit the sharing of personal information under the RTI Act. In his response, Vaishnaw defended the DPDP Act, stating that
“personal details that are subject to public disclosure under various laws will continue to be disclosed under the RTI Act.”
However, Ramesh countered this argument, stating that
“Section 3 of the DPDP Act, 2023, cited in your letter as protecting disclosures under the RTI Act 2005, is wholly irrelevant since Section 8(1) of the RTI Act, 2005 itself has been amended drastically.”
Ramesh Criticizes Removal of Key Provision in RTI Act
The main point of contention for Ramesh ,therefore, is the deletion of the proviso in Section 8(1) of the RTI Act, which has historically recognized citizens’ right to information as being equal to that of legislators. Ramesh argued that
“The deletion of the proviso in Section 8(1) of the RTI Act which recognizes the citizens’ right to information as being at par with that of legislators is completely unwarranted.”
He stressed that the amendment contradicts several judgments by the Supreme Court and High Courts that have previously allowed the withholding of personal information only when it does not serve public interest.
Section 3 of DPDP Act Will Limit Disclosures
Ramesh also emphasized that Section 3 of the DPDP Act, which Vaishnaw referenced as providing protections under the RTI Act, does not address the full scope of data disclosures under the original RTI Act. He explained,
“Section 3 of the DPDP Act will now only protect disclosures as per the amended RTI Act, which exempts all personal information from being accessible.”
Ramesh Highlights Importance of Transparency and Privacy Balance
In response to the government’s defense, Ramesh brought up the Puttaswamy judgment of the Supreme Court, which stressed the importance of balancing privacy with institutional transparency. He argued that
“The judgement reinforces that safeguarding personal privacy and promoting institutional transparency are not mutually exclusive but are jointly essential.”
Call for a Review and Repeal of the Amendment
Ramesh concluded his statement by urging the government to reconsider the amendment to the RTI Act. He pointed out that
“this issue has also exercised a broad spectrum of people from civil society, academics, and political parties.”
